Does a motion to dismiss a statement of claim against a defendant in a marriage that was not a good faith marriage constitute a cause of action?

Ontario, Canada


The following excerpt is from Ali v. Ahmad, 2002 CanLII 61157 (ON SC):

In Singla v. Singla (1985), 69 N.S.R. (2d) 60, 163 A.P.R. 60, 46 R.F.L. (2d) 235, [1985] N.S.J. No 17, 1985 Cars­well­NS 57 (N.S. Tr. Div.), a motion by counsel for the defendant sought dismissal of the plaintiff’s statement of claim on the basis that it did not constitute a cause of action. The plaintiff and the defendant went through a Hindu form of marriage in India which was duly registered in the public registry. The plaintiff returned to Canada and after about six months, her husband followed her. Once here, the couple lived together, but the husband clearly wanted nothing to do with her. They had sexual relations once, at her insistence. She argued that the marriage should be found null and void because the defendant did not enter into the marriage “in good faith”, but only to gain landed immigrant status.

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