(1982)1982 February- 20 [A. Loizow, J.] ANDROULLA NAHHAS NEE ZACHARIA CHRISTODOULOU, Petitionei, SALAH M. NAHHAS, Respondent. {Matrimonial Petition No. 15/81). Matrimonial causes—Nullity of marriage—Wilful refusal to consummate the marriage—Burden of proof—Refusal persisting up to the date of presentation of petition—Decree nisi of nullity granted. Thiswas a wife's petition for a decree ofnullity of her marriage 5 on the ground of the husband's wilful refusal to consummate the marriage. In spite of petitioner's willingness to consummate the marriage, which went on for a considerable time, he wilfully refused to do so. Respondent was approached by the petitioner's uncle who repeated to him the complaint 10 of the petitioner about his refusal to consummate the marriage and he remained silent and expressed no comment whatsoever. The next day he took his clothes and left the petitioner and has not returned since. Held, that the respondent-husband wilfully refused to consum- 15 mate the marriage, although this was proposed to him by the petitioner with tact, persuasion and encouragement as an ordinary spouse would use in the circumstances and that the respondent wilfully refused to consummate it; that, moreover, this wilful refusal persisted up to the date of the presentation of this 20 petition inasmuch as the respondent has left the conjugal home, soon after the meeting with her uncle and has not sought to resume cohabitation with her; that the burden of proof, which is on the petitioner, has been discharged and therefore, a decree nisi of nullity will be granted on the ground of the husband's 25 wilful refusal to consummate the marriage. Decree nisi of nullity granted. 126 1 C.L.R. Nahhas v. Nahhas Matrimonial Petition. Petition by the wife for nullity of marriage due to the wilful refusal of the husband to consummate the maniage. P. Mouaimisfor P. Soteriou,for the petitioner. 5 Respondent absent. A. Loizou J. gavethefollowing judgment. Thisis an undefended wife's petition "that her marriage be declared null and void and/or dissolved owing to the wilful refusal of the respondent/husband to consummate the marriage". 10 The parties were married at the District Officer's Office in Limassol under the Marriage Law, Cap. 279. Their marriage has never been celebrated in accordance with the rites of the Greek Orthodox church, of which the petitioner is a member, nor was contracted or solemnized in accordance with therites 15 of the Moslem faith to which the respondent belongs. After their marriage the parties lived at Limassol where they still resideand aredomiciled in Cyprus,which domicile givesto this Court thejurisdiction to entertain this suit for nullity. In support of her case the petitiontr gave evidence herself 20 and called as a witness her unch, Andreas Lycourgos,who has corroborated her lealimony in all material resptctf. The petitioner has testified that inspite of her willingness and tact to consummate themarriagewhichwent on for a considerable time, he wilfully refused lo do so. It appears that he was not 25 prepared to respond to her proposal. Eventually she complainsd to her uncle, who has been standing to her like a father since her father's death. Lycourgos went to the house and met the respondent/husband and repeated to him the complaint of the petitioner about hisrefusal toconsummatethe 30 marriage, but the respondent remained silent and expressed no comment whatsoever. The next day the respondent look his clothes and left the petitioner and has not returned since then. On the evidencebefore me Iam satisfied that the respondent/ husband wilfully refused toconsummate themarriage,although 35 thiswasproposed to him bythepetitioner with tact, persuasion and encouragement as an ordinary spouse would use in the circumstances and that therespondent wilfully refused to consummateit. Moreoverthiswilful refusal persisted uptothedate 127 Λ. Loizou J. Nahhas v. Nahhas
(1982)of the presentation of this petition inasmuch as the respondent has left theconjugal home,soon after themeetingwith heruncle and has not sought to resume cohabitation with her. The burden of proof, which is on the petitioner, has been discharged to my satisfaction and Igrant a decree nisi of nullity 5 on the ground of the husband's wilful refusal to consummate the marriage and 1award costs in favour of the petitioner. Decreenisi of nullity granted withcosts. 128