MARRIAGE AND INSANITY.

Star (Christchurch), Issue 10870, 10 September 1913, Page 1

MARRIAGE AND INSANITY.

DO THEY GO TOGETHER?

Answering a question by a correspondent—whether people tainted with insanity can legally marry?—an American paper writes: —".We aro tempted to say 'yes' and have done with it, but there is more in this than meets the eye and it is well to be careful. "In a broad'-and general-way it is quite legal for those who are. tainted with insanity to marry. In point of fact they are about the only ones who do marry. But if you discover after you are married that your wife is insane—and you will discover this in about two months —you can then nullify the marriage on the ground that a vital fact was concealed from you. She on her part will plead that lier insanity was obvious, seeing: thnt she married you, which no sane person would have< done, and that therefore there was no concealment. Or she will pay 1000 dollars to a distinguished alienist and a el-edit to his union*who will swear that she is not insane, and that w,ill put you to the exponse of paying a like amount, or more, to another distinguished alienist and equally ari honour to his union who will swear that she is insane. You will see that the matter is beset with difficulties and not nearly so simple as it seems. "Arguing prima facie, you were both insane for even thinking of getting married under any circumstances, and the fact of your own insanity would soriously damage your case. You would be a sort of accessory before' the fact, and in a sense particeps criminis. But you may still argue that your wife was more, insane than you, as otherwise she would not have made so bad a choice, and you will find that here, at least, tho Court is enthusiastically with you. But whether a mere preponderance of insanity without the element of concealment would be enough to secure the annulment of the marriage is a nice point and one that we do not feel ourselves competent to settle. Why not