PARIS) — A court decision to annul a Muslim couple's marriage because the bride lied about being a virgin discriminates against women and should be overturned, state prosecutors argued Monday.
A court in the northern town of Douai annulled the 2006 marriage in April because the husband discovered on his wedding night that his bride had lied about her virginity. The decision caused an uproar, with some in France calling it a sign that the country's secular values are losing ground to the traditions of its fast-growing immigrant communities. There are some 5 million Muslims in France.
The lower court based its decision on an article of the French Civil Code that states that a spouse can seek an annulment if the partner has misrepresented his or her "essential qualities."
Eric Vaillant, a spokesman for the Douai appeals court, said prosecutors told the three-judge tribunal during a nearly two-hour hearing that a woman's virginity is "in no way ... an essential quality," as the lower court had suggested.
Making a wife's virginity a condition of marriage "would be discriminatory because it would harm the principles of equality between men and women, of free use of one's body and the dignity of the human being," Vaillant said by telephone, summarizing the prosecution's argument.
The prosecution said it was not opposed to the idea of annulling the marriage, which neither couple now wants, but the motive must be "legitimate," in conformity with the principles upheld by France.
Vaillant said the court could base an annulment on an "error about the person, with the couple discovering their true respective personalities on the wedding night" instead of basing it on a false virginity claim.
"We are offering an exit door," he said.
Should the appeals court agree to simply scrap the annulment, the couple will remain married and be forced to seek a divorce.
The couple, a man in his 30s and a woman in her 20s, has not been identified by name. Neither was present in court, Vaillant said.
A verdict is expected Nov. 17
From: Time Magazine
what do u guys think?
10 comments:
Should virginity should be counted as an "essential quality" which misrepresentation of can be grounds for an annulment? I don't know. That's because I'm stuck on the fact that she kept this information from her fiancé.
It's unfortunate that someone entering into a marriage felt she had to lie about her virginity. Personally, before I marry somebody, I would want to know things like whether they had had sex before and if so with whom. I wouldn't need intimate details but this is not the time to be keeping something from your fiancé(e) in my opinion (and I'd want us both to get tested and exchange test results just so we know we're both ok).
In this case it's obviously a big deal to him that she wasn't a virgin (and unforgivable in his eyes) so even if their marriage wasn't permitted to be annulled and he was forced to stay with her, what kind of a life do you think she'd have? I'm sure he wouldn't make things very pleasant for her.
I therefore think she's better off without him and hopefully if she's given a second chance she'll be honest from the beginning.
(I know, I sound like a goody two shoes but this is honestly how I feel.)
It is stupid but you know what, she better get out of the marriage because if he can make a big deal on that - many restrictions will be placed on her in marriage.
Why did she lie? or did she simply keep quiet about her sexual background and he just assumed that she had to be 'pure' cause that is what is required of young muslim girls?
Whichever it is - i believe your partner has the right to know about ur sexual life and vice versa but divorcing her cause she is not a virgin? that is crazy.
One question - how did he know? I hope guys know that not all girls bleed.
gng,
u think she's the victim?
allied,
are u saying the man is not entitled to have specs? lol
The victim?
I fear there is more than one in this scenario.
The Groom; for falling prey to the socially perceived notion that a woman without her virginity is disgracefully scarred.
The Bridefor beliving said Holding by the society. Doubly so that, owing to this ridiculous notion,she sought to start her marriage on a lie.
The society. For failing to realize that marriage is more a union of two minds than two bodies.
Instead of complaining about a lack of blood shared on the nupital night, society should be more concerned with how well the two members grow together.
The legal system.
For failing to realize that which is obvious.
The law was made for man.
And not vice versa.
Man has changed.
When will this reflection show.
Me.
For so many similar unintended mistakes that i will make because society has demanded that i do.
You.
FOr the same reasons as me.
Sherri's back!! yaaaay! It really HAS been a hot minute! Glad to see you've had a blissful summer (from those lovely fotos posted in July). We await your blogtales.
As for this verdict, I'm quite shocked that this would stand up in a French court. But as others have commented, she probably WILL be better off outside this marriage than within it.
@doja,
lol.
@carlang
chop knuckles joh!
i agree. cept for the legal system bit. it's far from perfect, heck! it's myopic but i'll take it anyday over jungle justice. can u picture her being being marched off to the village square in some other neck of the woods?(shuddering)
how are u sweetie?
@afrobeat,
sisterly!
how've u been luv?
i think the verdict was equitable. no woman in her right mind shud enter into any relationship based on deceit.
Sister Sherri, I dey o! Shuffering and smiling. How's you? How's work now?
Carlang has said it all.
Sherri, welcome back babe.
*sigh* see heavy gbegee
But wait o' dem no dey get male-virgins????
*dearie, i'm gud o' na only hunga :-)
how ur side?
la sherri amor, I dont know what to think here. Virginity? It doesn't get more discriminatory than that.
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