ANASTASSIOS IOSIF HJI HANNA ν. ELIZABETH HJI HANNA THEN ELIZABETH ANDREAS (1973) 1 CLR 186 ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμάς | " target="_top">Επικοινωνία | Όροι χρήσης Έρευνα -

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shall apply shall, on and after the date of the coming into operation of this Constitution, be governed by the law of the Greek-Orthodox Church or of the Church of such religious group, as the case may be, and shall be cognizable by a tribunal of such Church and no Communal Chamber shall act inconsistently with the provisions of such law." 2. Article 22.1 and 2 of the Constitution which reads as follows: "1. Any person reaching nubile age is free to marry and to found a family according to the law relating to marriage, applicable to such person under the provisions of this Constitution. 2. The provisions of paragraph 1 of this Article shall, in the following cases, be applied as follows: (

1. a)If the law relating to marriage applicable to the parties as provided under Article 111 is not the same, the parties may elect to have their marriage governed by the law applicable to either of them under such Article ; (
2. b)if the provisions of Article 111 are not applicable to any of the patties to the marriage and neither of such parties is a member of the Turkish Community, the marriage shall be governed by a law of the Republic which the House of Representatives shall make and which shall not contain any restrictions other than those relating to age, health, proximity of relationship and prohibition of polygamy ; (
3. c)if the provisions of Article 111 are applicable only to one of the parties to the marriage and the other party is not a member of the Turkish Community, the marriage shall be governed by the law of the Republic as in sub-paragraph (
4. b)of this paragraph provided : Provided that the parties may elect to have their marriage governed by the law applicable, under Article 111, to one of such parties in so far as such law allows such marriage." It will thus be observed that under the provisions of Article 111.1 of the Constitution on and after the date of its coming into operation matters relating to marriage and divorce of members of the Greek-Orthodox church and of any religious group to which

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of the Constitution apply shall be governed by the law of the Greek-Orthodox church or of the church of such religious group, as the case may be, and shall be cognizable by the Tribunal of such church. It may be added that the Maronite Community is one of the religious groups to which

Article 2of the Constitution apply.

Article 22.1, which is modelled on Article 12 of the European Convention on Human Rights, makes provision for the right to marry and form a family according to the law relating to marriage applicable; and paragraph 2 (a) of this Article relates to mixed marriages where the law of the parties as provided under Article 111.1 is not the same and provides that the parties may elect to have their marriage governed by the law applicable to either of them under the said Article. As stated earlier on the marriage between the parties was performed by the District Officer under the provisions of the Marriage Law, Cap. 279 on the 21st June, 1969, i.e. after the coming into operation of the Constitution and the question that falls for determination is whether this marriage is a valid marriage having regard to the provisions of Article 111.1 of the Constitution. Having given the matter my best consideration I am clearly of opinion that after the coming into operation of the Constitution a civil marriage between citizens of the Republic who are either members of the Greek-Orthodox church or of a religious group to which the provisions of Article 2.3 apply is not a valid marriage. Sections 34 and 36 of the Marriage Law, Cap. 279 expressly provide that the provisions of the said Law do not apply to any marriages in which either of the parties is a Turk professing the Moslem faith and to marriages the parties to which are both members of the Greek-Orthodox church, respectively. But the provisions of that law have, after the coming into operation of the Constitution, to be construed and applied with such modifications as may be necessary to bring them into conformity with the Constitution and, in my view, it would be inconsistent with the provisions of Article 111.1 of the Constitution to hold that the marriage between two citizens of the Republic one of whom is a Greek-Orthodox and the other a Maronite performed under the provisions of the Marriage Law is a valid marriage. In the result my decision on this issue is that the marriage celebrated between the parties on the 21st June, 1969, at the Commissioner's office under the provisions of the Marriage Law, Cap. 279 is not a valid marriage. Order accordingly. cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο