Demby v Bishop
1950 · (1950) 3 SL Law Recorder 7
Posted By lanbuk.com
- Facts
- A man married under the Christian Marriage Act sued for the harbouring of a second woman whom he had married under customary law.
- Issue
- Can the husband of a monogamous marriage use a action to protect a polygamous second union?
- Held
- The claim was dismissed.
- Principle
- A Christian marriage imports monogamy. The court will not give a remedy that treats a second customary union as a marriage he is entitled to defend.
- Why it matters
- The same idea as section 4 of the 2009 Act. One system at a time, unless the second ceremony is with the same person.
Words and Latin in this note
- Consortium
- The bundle of rights marriage gives each spouse: society, sexual intercourse, and the domestic life of the household. It is mutual. It is not enforced by locking a spouse up, and it is not a right to beat her. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.