France: Court suspends "virgin case"

Is virginity an “essential quality” of a bride? Should husbands be able to legally insist on it? And in case it turns out to be lacking on the wedding night – should they be entitled to get the marriages annulled and to drop their brides like defective articles? This is currently a topic of hot debate in France.

A French Muslim couple – he an engineer in his 30s, she a trainee nurse – had married in 2006. When on the nuptial bed he found her not to be a virgin, he promptly announced it to the still partying wedding guests and sent her back to her parents. Last month, the marriage was annulled at the husband’s request, after a court accepted his accusation that his wife had lied about being a virgin. Under the French civil code, lying about an "essential quality" of the relation can be taken as a reason for annulment of a marriage.

The case sparked a hot public debate and feminists called it a fatwa against women’s liberty. Justice Minister Rachida Dati - backed by President Sarkozy for her decision - directed the public prosecutor to file an appeal against the annulment, lest it sets a precedent establishing virginity as a requirement for marriage that can be legally claimed. The case is suspended, the marriage valid again - for the time being and at least till September, when the decision of the appeal court is expected.

This twist, however, has created a quite absurd situation, as none of the protagonists is willing to continue this marriage restored for principles’ sake. The woman objected the decision and declared through her lawyer that she just wanted the marriage to be over so she can get on with her life.

[Bulletin #177]