S (J.) v. J. (M.) [1997] IEHC 183 (10 December 1997)

S (J.) v. J. (M.) [1997] IEHC 183 (10 December 1997)

The respondent was suffering from a severe psychiatric illness at the time of marriage, which rendered her incapable of giving true consent; therefore, the marriage is void.

Citation
[1997] IEHC 183
Parties
Petitioner: J. S.; Respondent: M. (known as P.) J. (falsely called S.)
Jurisdiction
Ireland
Judgment Date
10 December 1997
Procedural Posture
Matrimonial / Final Judgment
Outcome
marriage declared void
Legal Topics
Nullity of Marriage, Capacity to Consent, Psychiatric Illness
Family Law Nullity of Marriage Capacity to Consent Psychiatric Illness

Case Brief

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Parties

J. S.

Petitioner

M. (known as P.) J. (falsely called S.)

Respondent

Procedural Posture

Matrimonial / Final Judgment

Legal Issues

  1. 1 Whether the respondent was capable of giving true consent to marriage due to psychiatric illness
  2. 2 Whether the marriage is void for lack of valid consent

Ratio Decidendi

The respondent was suffering from a severe psychiatric illness at the time of marriage, which rendered her incapable of giving true consent; therefore, the marriage is void.

Court Disposition

marriage declared void

Orders

  • marriage declared void
  • question of appropriation does not arise