Brno - Marriages based on customary law of African tribes contracted by Czech citizens at a tribe gathering are in accord with the Czech legal system.
Hence, such marriages cannot be declared void.
This is the ruling of the Supreme Court that has rejected the appeal of a man who married a woman from one of Nigerian tribes twelve years ago.
The wedding took place during a village assembly where the Czech citizen was introduced to the woman's family and the issue of dowry was discussed.
Based on a law from 1914
The wedlock was eventually approved by the Ministry of Foreign Affairs of Nigeria and the Czech embassy in the country. The couple obtained a marriage certificate by the municipal authorities of Brno.
The Nigerian legal system enables marriage to be contracted at tribal meetings courtesy of Marriage Act from 1914.
"The customary law on marriage sets a condition that a husband be introduced to the whole family of the wife, the wedding be accompanied by appropriate rituals that make the marriage legal and dowry be paid by the husband to the bride´s family," explained the Supreme Court in its ruling.
However, the man eventually decided he no longer wanted to be married, and appealed to a court with an objection that his marriage is nonexistent. He argued that a marriage contracted on the basis of African tribal laws cannot be possibly valid in an European country.
Exotic, but legal
"According to the customary law, a woman is a subject of a transaction and does not enjoy equal rights as a man. Hence, the dowry contract signed between the husband and parents and the elders is a more important part of the deal," wrote the man in his appeal to the Supreme Court.
However, the Court rejected his appeal and confirmed previous negative rulings of the courts in Prague.
"The marriage was contracted in accord with the customary law of the tribe and isn't discordant with the public order of the Czech Republic," ruled the judges.
Since there isn't any agreement signed between the Czech Republic and Nigeria that would specify the issue of family law disputes, marriages thus have to be looked at from the point of view of the Nigerian law.
