P.F. -V- G.F. _Otherwise G.F

Supreme Court P.F. -V- G.F. _Otherwise G.F

Irish Family Law

This is an appeal from the judgment and order of O'Higgins J. made on the 26th March 1999 whereby the High Court Judge refused the petition for a decree of nullity presented by the Petitioner. Having heard Counsel on both sides O'Higgins J. made no order as to costs. The Respondent has cross appealed on the issue of costs only.

The Petitioner and the Respondent went through a ceremony of marriage according to the rites of the Roman Catholic Church in December 1987. Following the marriage they lived together in Co. Dublin. They have one child who was born in September 1989 and the Petitioner commenced proceedings for judicial separation in the Circuit Court in Dublin on the 17th May 1995. The parties have lived separate and apart since in or about October 1995. The Petitioner commenced his nullity proceedings by petition dated 31st January 1996. By order of the Master of the High Court dated 16th October 1996 seventeen issues, a number of which related to the capacity of the parties to enter into and sustain a normal marriage relationship, were ordered to be tried. However, in the course of the hearing in the High Court it was indicated by Counsel for the Applicant that he was relying on one ground only. That ground concerned whether, in the circumstances of the case, the Petitioner gave a full free and informed consent to the marriage. This was also the sole ground upon which the appeal before this Court was argued.

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Reference Info:n/a | Ireland

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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