Objection my Lord: Family law and practice

Abstract

Section 1(f) of the Marriage Act defines a civil marriage in to mean a marriage between one man and one woman; subsistence of which; neither of them is at liberty to contract any form of marriage. This is fortified by Hyde vs Hyde (1863) LR P & D 130 which was noted with approval in Alai vs Uganda (1967) EA 416 as the voluntary union of one man and one woman to the exclusion of all others. The case of Ayoub vs Ayoub [1967] EA 416 provides that marriages under the Marriage Act is potentially monogamous. In ascertaining the validity of the marriage one ought to ensure that all the requisite steps provided for in the law have been followed. Case law has however enunciated a principle in Wightman Wightman (1963) R & N 275 where court held that evidence of a marriage ceremony followed by cohabitation lays a presumption of a valid civil marriage. In Hill vs Hill (1959) 1 All ER 281, court held that such a presumption can be rebutted unless evidence to the contrary is adduced beyond reasonable doubt there was no valid marriage. These are provided for in Sec. 6 of Marriage Act Cap 251. The parties to an intended marriage should place a notice with Registrar; Notice entered in marriage register book, the notice lapses after three months and then parties marry after that Sec 9 of Marriage Act Cap 251. If there is no objection at end of 21 days; before expiration of 3 months the parties are issued with certificate permitting them to marry, as provided for under section 10 of the Marriage Act. It must be noted that this Certificate is issued upon application supported by affidavit, where the deponent is supposed to aver that:- 1. One of the parties resident in district where the marriage is going to be celebrated of celebration of marriage 2. Parties are above 21 years of age. 3. No impediments of kindred or affinity to the intended marriage 4. None of the party to the intended marriage is married by customary law to any person other than that person with whom such marriage is proposed.