O'B. v. R. [1999] IEHC 186; [1999] 4 IR 168; [2000] 1 ILRM 306 (20th July, 1999)

O'B. v. R. [1999] IEHC 186; [1999] 4 IR 168; [2000] 1 ILRM 306 (20th July, 1999)

The marriage was void ab initio due to the petitioner's inability to give full, free and informed consent at the time of marriage, arising from youth, immaturity, lack of education, social pressure, and unwanted pregnancy; delay and approbation do not bar relief; no grounds to report for bigamy as no material loss occurred.

Citation
[1999] IEHC 186
Parties
Petitioner: O. B.; Respondent: R.; Notice Party: O. B.
Jurisdiction
Ireland
Procedural Posture
Nullity Petition / Final Judgment
Outcome
decree of nullity granted
Legal Topics
Marriage Nullity, Consent, Duress, Bigamy, Canon Law, Delay in Seeking Annulment
Family Law Marriage Law Criminal Law Marriage Nullity Consent Duress Bigamy Canon Law +1 more

Case Brief

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Parties

O. B.

Petitioner

R.

Respondent

O. B.

Notice Party

Procedural Posture

Nullity Petition / Final Judgment

Legal Issues

  1. 1 Whether the petitioner and respondent were capable of giving full, free and informed consent to marriage
  2. 2 Whether the petitioner was induced by duress to enter into marriage
  3. 3 Whether delay or approbation bars relief

Ratio Decidendi

The marriage was void ab initio due to the petitioner's inability to give full, free and informed consent at the time of marriage, arising from youth, immaturity, lack of education, social pressure, and unwanted pregnancy; delay and approbation do not bar relief; no grounds to report for bigamy as no material loss occurred.

Court Disposition

decree of nullity granted

Orders

  • Marriage between petitioner and respondent declared null and void.
  • No order for reporting to Gardaí or D.P.P.