Our members have appeared on both sides of a rare annulment of marriage. Azan Marwah and Aria Cheung appeared for the petitioner Husband in his petition for nullity against the respondent Wife, represented by Christie Lee (with Mr Enzo Chow), on the grounds of non-consummation of their marriage.

The couple married in March 2021 but separated less than 2 weeks later. The Wife had left the matrimonial home days after the wedding ceremony and never returned to cohabitate with the Husband. The key dispute was whether the couple had consummated the marriage on the night of the wedding, and whether it was a wilful refusal to consummate on the part of the Wife to leave cohabitation with the Husband.

The Court ultimately agreed with the Husband that they did not consummate the marriage on the material night. It was also held that the Wife wilfully refused to consummate the marriage without just excuse – by the Wife’s decision to leave the matrimonial home shortly after the wedding, and her failure to return despite H’s requests, showed a clear and final refusal to consummate.

The judgment raises a novel and fascinating point rarely explored in Hong Kong law with regards to the grounds of nullity in marriages. Pantheon is further pleased to announce that a CPD seminar on the topic was held on 22 May 2026.

Judgement is available here.

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萬晨大律師事務所的成員於一宗罕見的宣告婚姻無效（婚姻作廢）案件中，分別代表訴訟雙方出庭。本所的馬亞山大律師及章子晴大律師代表呈請人丈夫，以婚姻未經圓房為由，入稟呈請宣告婚姻無效；答辯人妻子則由李恩儀大律師（由周偉雄大律師帶領）代表。

該對夫婦於2021年3月結婚，但不足兩星期後便分居。妻子在婚禮結束數天后即離開夫家，此後從未返回與丈夫同住。本案的核心爭議在於雙方在結婚當晚是否曾圓房，以及妻子離開同居生活是否屬於蓄意拒絕圓房。

法庭最終接納丈夫的理據，裁定雙方在關鍵當晚並未圓房。法庭亦裁定，妻子在婚後不久便決定搬離夫家，且在丈夫屢次要求下仍拒絕返回，其行為表現出清晰且最終的拒絕圓房意圖，故構成無合理辯解而蓄意拒絕圓房。

本案判詞就香港法律中極少被探討的宣告婚姻無效理由，提出了新穎且極具代表性的法律觀點。因此，萬晨大律師事務所亦於2026年5月22日就此議題順利舉辦持續專業發展（CPD）研討會。

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