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Digest of the Week | Annulment

Razavian v. Tajik | 2019 ONSC 5662 | Ontario Superior Court of Justice

Family law --- Annulment — Essential validity — Lack of party's consent — Effect of mental incompetence

Wife refused to consummate marriage due to her serious incapacitating anxiety regarding having sexual intercourse — Wife refused to see any psychologist or any medical doctor regarding issue and continued to refuse to consummate marriage — Husband brought application for annulment on grounds of non-consummation — Application granted — In action for annulment on ground of non-consummation, defendant could be deemed incompetent when refusing to submit to medical treatment or examination if non-consummation was established to court's satisfaction — It was reasonable inference that wife's inability to consummate marriage arose from disability of some sort rather than from mere refusal to have sexual intercourse.
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