C (D.) v. M (N.) (Falsely known as C (N.)) [1997] IEHC 105; [1997] 2 IR 218 (26th June, 1997)

C (D.) v. M (N.) (Falsely known as C (N.)) [1997] IEHC 105; [1997] 2 IR 218 (26th June, 1997)

The statutory requirement for parental consent under Section 19 is directory only and its absence, even if the consent is forged, does not invalidate the marriage unless the petitioner relied on the consent and would not have married otherwise. There was no undue influence, duress, or incapacity established on the evidence. Both parties willingly entered the marriage, and the grounds for nullity are not made out.

Citation
[1997] 2 IR 218
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Petition for Nullity of Marriage / Judgment
Outcome
Nullity refused
Legal Topics
Nullity of Marriage, Consent to Marriage, Forgery of Consent, Parental Consent, Undue Influence, Capacity to Marry
Family Law Nullity of Marriage Consent to Marriage Forgery of Consent Parental Consent Undue Influence Capacity to Marry

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Petition for Nullity of Marriage / Judgment

Legal Issues

  1. 1 Whether the marriage is void or voidable due to lack of valid consent
  2. 2 Whether undue influence or duress invalidated the marriage
  3. 3 Whether absence or forgery of parental consent under Section 19 of the Marriages (Ireland) Act, 1844 as amended by Section 7 of the Marriages Act, 1972 invalidates the marriage

Ratio Decidendi

The statutory requirement for parental consent under Section 19 is directory only and its absence, even if the consent is forged, does not invalidate the marriage unless the petitioner relied on the consent and would not have married otherwise. There was no undue influence, duress, or incapacity established on the evidence. Both parties willingly entered the marriage, and the grounds for nullity are not made out.

Court Disposition

Nullity refused