hidden image

Right of Defence in Marriage Trials

Monsignor Francisco Vinaixa Monsignor Francisco Vinaixa
13 Feb 2023
Right of Defence in Marriage Nullity Trials

The book ‘Right of Defence in Marriage Nullity Trials -- A Study Based on CIC 1983, DC and MIDI’ by Rev. Dr. Merlin Rengith Ambrose, Professor of Canon Law at St. Peter’s Pontifical Institute, Bangalore and Executive Secretary of Commission for Canon Law in the Conference of Catholic Bishops of India (CCBI), is a study of the special canonical processes for the declaration of nullity of marriage. It focuses on the right of defence that is always a central issue of any trial and procedural law. After years of diligent scientific research, the author was able to address it satisfactorily with reference to the special process of nullity of marriage. 

The centrality of the problem is particularly relevant in these special processes. The raison d'être is to seek the truth about marriage with the guarantees necessary to arrive at it. Respect for the rights of the parties is mainly manifested in compliance with the right of defence. The result was an extraordinarily systematic and comprehensive work, and the index reflects the linearity of the exposition and breadth of subjects dealt with in detail.

The monograph illuminates the entire nullity process, and will undoubtedly be a valuable tool for those who want to deepen the procedural tools of these causes and act in this sphere of law with justice and in accordance with the truth. The work correctly identifies the legal institutions regarding the right of defence and one by one rigorously analyzes them. It contains a good exposition of the history of institutions, starting not only from the foundations of natural law and of Revelation but also from the elements of Roman law that were used to give their initial basic structure to these canonical processes. The subsequent developments of the initial procedural institutes are then explained with equal rigour by presenting the other procedural institutes which arose alongside those in the long two thousand years of the Church's history.

It seems right to ponder the wide knowledge of the jurisprudence of the Tribunal of the Roman Rota and the Supreme Tribunal of the Apostolic Signatura, which emerge throughout the book. It also reveals a great familiarity with the doctrine of some of the most renowned procedural canonists, with constant references to books and articles that give solidity to the positions held by the author. Although this may be obvious, it should also be added that the author manifests a good knowledge of canon law and the pontifical magisterium, always maintaining an attitude of respect, obedience, and veneration to the Successor of Peter proper to a Catholic priest as he is.

None of the fundamental topics relating to the right of defence of the parties and the marriage bond is left out. This detailed and rigorously updated analysis examines every theme relating to the right of defence in the Code of Canon Law, the Instruction Dignitas connubii, and Pope Francis’ Motu proprio Mitis Iudex Dominus Iesus. Moreover, it does not limit itself to pointing out problems, but it goes even further in proposing possible practical solutions, especially where the right of defence could conflict with other rights. Two of such rights, mentioned recurrently in the book, are the right to preserve the intimacy of the persons and their good reputation and that of others, and the right to obtain a final decision within a reasonable time.

In conclusion, I would like to say that it was an immense pleasure to read these pages. They bear witness to Rev. Dr. Merlin Rengith Ambrose’s editing and pedagogical skills. I am not referring here to what concerns the English language of which I have very basic knowledge, but rather to the author’s writing skills that allow for a smooth and fast reading of the text in spite of the complexity of the topics covered. As it happens, the subject matter is presented in an attractive and engaging manner. The text is very pedagogical as it succeeds in a subtle manner to repeat its key ideas by adding to them various aspects that further delineate them. In addition, the clarity with which the author writes makes it easy to understand. This is a work that will be, I believe, of great use to professionals in the ecclesiastical forum, but also meaningful for any person to whom the subject may be of interest.

Details of the book: Place of Publication, Publisher, and Year: Germany, LIT Verlag, 2022; Pages – 364; ISBN: 978-3-643-91509-2; Available at: https://www.lit-verlag.de/isbn/978-3-643-91509-2; Price: 40 Euros.

(The writer is an official of the Dicastery for Legislative Texts, Vatican)

Recent Posts

It is not surprising that India has been lukewarm to Pope Leo XIV's Encyclical on Artificial Intelligence. The Pope has warned that Artificial Intelligence threatens to normalise an "anti-human vision
apicture John Dayal
01 Jun 2026
What began as a "special revision" of electoral rolls has evolved into something far more unsettling: a test of who truly belongs in the Republic. By upholding the Election Commission's powers while o
apicture A. J. Philip
01 Jun 2026
Two newly elected governments, two sharply different visions of India. While West Bengal's new BJP regime signals majoritarian assertion and ideological confrontation, Kerala's UDF government projects
apicture Jacob Peenikaparambil
01 Jun 2026
As concern for climate change and environmental destruction grows, the deeper crisis of "human ecology" is often ignored. From family breakdown to abortion and demographic imbalance, the defence of hu
apicture Bp Gerald John Mathias
01 Jun 2026
A movement born from mockery of unemployed youth now commands millions, headlines, and political panic. But beneath the cockroach memes and anti-establishment spectacle lies a deeper question haunting
apicture Oliver D'Souza
01 Jun 2026
India's rise cannot be measured by GDP, expressways, or digital ambition alone. A Republic becomes truly developed only when constitutional promises translate into dignity, employment, equality, justi
apicture Jaswant Kaur
01 Jun 2026
"If an untouchable marries a non-Dalit girl, then he must be put to death. If untouchable commits adultery with a Hindu woman, then he is to be burned alive" (Matsya Purana, 227.131; Vaishtha Grhyasut
apicture Dr Suryaraju Mattimalla
01 Jun 2026
My lifelong passion is cricket, and in more recent times, the political world has become an obsession, not joyful as with cricket, but born of a profound anxiety about the state of the world. Given su
apicture Mathew John
01 Jun 2026
The saddest part is that twenty-two lakh students studied honestly. Millions of parents worried honestly. Teachers taught honestly. Yet a handful of dishonest people have managed to drag one of the co
apicture Robert Clements
01 Jun 2026
India's political summer is witnessing impulsive governance, bulldozer crackdowns, and inflammatory rhetoric symbolised by "cockroaches." From hurried populism to selective demolitions and anti-minori
apicture Julian S Das
25 May 2026