GroupHeadnote and flynoteLaw Report Citation: (1992) S.J. (H.C.) Flynote: Nullification of marriage - Prohibited degrees of consanguinity - Where parties to the marriage are blood cousins - As a basis for nullification Nullification of marriage - Non consumation of the marriage - As a basis for nullification Headnote and Holding: The parties secretly went through a ceremony of marriage at the office of the Registrar of Marriages, Lusaka. After marriage they discovered that they were blood cousins. As a result they never cohabited and the marriage was never consummated. They filed an undefended petition for nullification of the marriage. Held: Where marriage takes place within the prohibited degrees of consanguinity, it is immaterial whether or not the marriage was consummated. It is nevertheless void ab initio The parties are blood cousins and therefore fall within the prohibited degrees of relationship and should not have contracts the marriage. Download
