Finau v Tu'iono [1957] TOLawRp 8; [1908-1959] Tonga LR 107 (29 July 1957)

[1908-1959] Tonga LR 107

TONGA LAW REPORTS

TEVITA FINAU

v

SIONE TU'IONO AND 'ANA TU'IONO

(Application in Chambers for Declaration of Validity of marriage Hamlyn Harris A. J. Nuku'alofa,, 15th and 29th July, 1957).

Marriage by girl under 18 years of age — No written consent of guardian — Validity of Marriage – Court's power to pronounce the Validity of Marriage - The marriage and Registration Act 1926...(Cap. 20) ss, 5, 10, 15,

This was an application by Tevita Finn for a declaration by the Court that his marriage to the respondent (Ana Tu'iono) was valid. The girl's father, Sione Tu'iono was also made a respondent

The facts, were not in dispute were as follows. The parties were married on 15^th April 1957. The girl was born 20^th October 1940.The girl declared her age as 18. Her mother was present at the application for the marriage license and remained outside the church. No consent in writing of the father, as requested by Section 5 of Cap.20. was obtained.

HELD: Marriage null and void.

Koloamatangi for the Applicant

Tupou for both Respondents

HAMLYN HARRIS A.J.: In view of admissions no question that marriage invalid, the parties or some of them made false statements. However this was not an application for annulment and the Court thought it was up to the Respondents whether they would make such an application. In any case there has been a marriage and if the father thought it was up to his daughter he should take into account her marriage vows. However, I do not wish to make a snap decision today. Parties should get together and try to talk it out. Furthermore circumstances of the Marriage. Application adjourned until 29.7.57.

(The matter came on again on 29. 7. 57 and Court heard further argument. The only fresh fact which appears to have been established was that the marriage had not been consummated).

HAMLYN HARRIS A. J.: Must be machinery for annulment especially in case where not prosecution is possible, or verdict of not guilty recorded. Court dictated to by necessity. Must make an order to right the position. Only a gross injustice would be caused by allowing the marriage to continue. Court's power is to declare a voidable marriage to continue. Court's power is to declare a voidable marriage void, this marriage is voidable – incapacity of party – marriage has not been consummated.

Declare marriage null as from today.