The legal grounds of annulment of marriage

Abstract

From the many cases I have researched both for the purposes of this dissertation, as well as with reference to the report on "Stress on the Maltese Family", drawn up by the students of the B.A. in Socio Legal Studies I L.P. course III year 1990, the fact stands out that, the lack of the concept of a "Difensor Vincoli" , in our legal system, may, in some cases afford the possibility of collusion between the parties, especially when one party does not contest a stated fact, because the Civil Court, though having the duty and competence to appoint experts and to hear evidence, is not a court of investigation but one of "Juxta allegata et probata". In my opinion, our courts should adopt a similar system whereby a prosecutor or similar, is appointed to put up a strong objective defence against the nullity of the marriage. Moreover, care must be taken, in the interpretation of the grounds of annulment, so that while making use of the great advances in psychiatry and medicine, yet one does not reduce the human being, to a figure, completely devoid of a will of his own and whose actions are the inevitable effects of some past experience or childhood formation. On the other hand, it would be incorrect for the judge to disagree with the conclusion of the experts, except for very serious contrary evidence.