CHAPTER III
: THE PROCESS FOR THE DISPENSATION FROM A RATIFIED AND NON-CONSUMMATED MARRIAGE
Can.
1697 The parties alone, or indeed one of them even if the other is unwilling,
have the right to seek the favour of a dispensation from a ratified and
non-consummated marriage.
Can.
1698 §1 Only the Apostolic See gives judgement on the fact of the
non-consummation of a marriage and on the existence of a just reason for
granting the dispensation.
§2 The
dispensation, however, is given by the Roman Pontiff alone.
Can.
1699 §1 The diocesan Bishop of the place of domicile or quasidomicile of the
petitioner is competent to accept the petition seeking the dispensation. If the
request is well founded, he must arrange for the instruction of the process.
§2 If,
however, the proposed case has special difficulties of a juridical or moral
order, the diocesan Bishop is to consult the Apostolic See.
§3 Recourse
to the Apostolic See is available against the decree of a Bishop who rejects
the petition.
Can.
1700 §1 Without prejudice to the provisions of can. 1681, the Bishop is to
assign the instruction of these processes, in a stable manner or case by case,
to his own tribunal or to that of another diocese, or to a suitable priest.
§2 If,
however, a judicial plea has been introduced to declare the nullity of the same
marriage, the instruction of the process is to be assigned to the same
tribunal.
Can.
1701 §1 In these processes the defender of the bond must always intervene.
§2 An
advocate is not admitted, but the Bishop can, because of the difficulty of a
case, allow the petitioner or respondent to have the assistance of an expert in
the law.
Can.
1702 In the instruction of the process both parties are to be heard. As far as
possible, and provided they can be reconciled with the nature of these
processes, the canons concerning the collection of evidence in the ordinary
contentious process and in cases of nullity of marriage are to be followed.
Can.
1703 §1 There is no publication of the acts, but if the judge sees that,
because of the evidence tendered, a serious obstacle stands in the way of the
plea of the petitioner or the exception of the respondent, he can prudently
make it known to the party concerned.
§2 To the
party requesting it the judge can show a document which has been presented or
evidence which has been received, and he can set a time for the production of
arguments.
Can.
1704 §1 When the instruction is completed, the judge instructor is to give all
the acts, together with a suitable report, to the Bishop. The Bishop is to
express his Opinion on the merits of the case in relation to the alleged fact of
non-consummation, the adequacy of the reason for dispensation, and the
opportuneness of the favour.
§2 If the
instruction of the process has been entrusted to another tribunal in accordance
with Can. 1700, the observations in favour of the bond of marriage are to be
prepared in that same tribunal. The Opinion spoken of in §1 is, however, the
province of the Bishop who gave the commission and the judge instructor is to
give him, together with the acts, a suitable report on the case.
Can.
1705 §1 The Bishop is to transmit all the acts to the Apostolic See together
with his Opinion and the observations of the defender of the bond.
§2 If, in
the judgement of the Apostolic See, a supplementary instruction is required,
this will be notified to the Bishop, with a statement of the items on which the
acts are to be supplemented.
§3 If,
however, the answer of the Apostolic See is that the non-consummation is not
proven from the evidence produced, then the expert in law mentioned in Can.
1701 §2 can inspect the acts of the case, though not the Opinion of the Bishop,
in the tribunal office, in order to decide whether anything further of
importance can be brought forward to justify another submission of the
petition.
Can.
1706 The rescript of dispensation is sent by the Apostolic See to the Bishop.
He is to notify the parties of the rescript, and also as soon as possible
direct the parish priests of the place where the marriage was contracted and of
the place where baptism was received, to make a note of the granting of the
dispensation in the registers of marriage and baptism.
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