Case XXXIX: Nullity of Marriage Because of Antecedent Insanity

S. married in March, 1886, the girl H., twenty-three years old. The latter, even before the marriage, had given unmistakable symptoms of mental derangement, which reappeared afterward and increased to such an extent that it was necessary to confine her as a raving maniac in an insane asylum, where she still is without hope of recovery. On July 14, 1894, S. obtained the civil decree of divorce for which he had sued, and on April 9, 1895, he married one A., who bore him several children. To appease his conscience S. applied to his bishop to annul his marriage with H., claiming that the necessary consent had been lacking owing to previous insanity of H. The bishop did not grant the petition because the nullity of the marriage had not been established. The metropolitan chapter to which S. then appealed decided the marriage in question was null and void. The defender of the marriage tie now appealed the case to the S.C. C. We give in the following the vote of the canonists of the S. C. C., approved by the Congregation.

Without entirely voluntary consent no marriage can take place. Consent can be voluntary only when given by one who is the complete master of his actions and resolves upon the consent after mature deliberation. Canonists hold that in regard to the marriage contract the same deliberation is requisite as for the committal of a grievous sin. An insane person, therefore, can only then give the requisite consent for marriage if he or she has lucid moments and gives consent in one of these. These conditions, however, should not be pre-supposed, but must be proved beyond all doubt. If any doubt remains, then insanity must be pre-supposed, because it is the permanent state. Applying this principle we find as follows: Many cases of insanity have occurred in H.’s family. As regards H. herself, since the years of discretion to within six months of the marriage she did things which were, to say the least, forewarnings of insanity. Two weeks before the ceremony unmistakable symptoms of insanity frequently showed in her. Thus she asked for the last Sacraments, although perfectly well. Even during the wedding ceremony there occurred manifestations of madness. As an instance, she tore the bridal wreath from her head, and only by force could it be replaced. When the moment came to step to the altar she hesitated, and only after urging followed the bridegroom. Again, she had to be asked three times before she would place her hand in the bridegroom’s. On the evening of the wedding day she threw the wedding ring down on the floor and retired to sleep with her sister. The canonist concludes from these facts that the necessary consent to the marriage has been lacking and that for this reason the marriage is to be regarded as invalid.

Herm. Kustgens, D.D.