C. (R.) v. C. (C.) [1997] IEHC 4; [1997] 1 IR 334; [1997] 1 ILRM 401 (17th January, 1997)

C. (R.) v. C. (C.) [1997] IEHC 4; [1997] 1 IR 334; [1997] 1 ILRM 401 (17th January, 1997)

The High Court is designated by law to exercise jurisdiction under Article 41.3.2, and the constitutional requirements for dissolution are satisfied; proper provision is made for spouses and children.

Citation
[1997] 1 ILRM 401
Parties
Applicant: Plaintiff; Respondent: Defendant
Jurisdiction
Ireland
Procedural Posture
Dissolution of Marriage / Final Judgment
Outcome
decree of dissolution of marriage granted
Legal Topics
Dissolution of Marriage, Jurisdiction Under Article 41.3.2, Property Division, Provision for Children
Family Law Constitutional Law Dissolution of Marriage Jurisdiction Under Article 41.3.2 Property Division Provision for Children

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Parties

Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Dissolution of Marriage / Final Judgment

Legal Issues

  1. 1 Does Article 41.3.2 of the Constitution confer jurisdiction for dissolution of marriage?
  2. 2 Is the High Court a court designated by law for this purpose?
  3. 3 Are the constitutional requirements for dissolution satisfied?

Ratio Decidendi

The High Court is designated by law to exercise jurisdiction under Article 41.3.2, and the constitutional requirements for dissolution are satisfied; proper provision is made for spouses and children.

Court Disposition

decree of dissolution of marriage granted

Orders

  • Order for dissolution of marriage
  • Transfer of three properties to wife