ISSUE:
Whether their marriage can be declared null on the grounds of fraud?
Was the husband Christian at the time of their marriage?
What is the position of the suit for restitution of conjugal rights filed by the husband?
RULE:
In absence of any statutory law, the canon law applies to the members of the Syrian catholic community.
According to the Canon laws, a person who professes the Christian faith is a Christian.
According to canon law, a marriage is invalid if
there is an error concerning the quality of the person.
Canon 74(1) states: "Error concerning the person, renders the marriage invalid".
Canon 821 states: "A person invalidly celebrates marriage who is deceived by fraud perpetrated to obtain consent, concerning some quality of the other party, which by its very nature can seriously disturb the partnership of conjugal life."