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 is directory only and does not render a marriage void if not complied with, even if the consent is forged, unless the petitioner relied on the forged consent and would not have married otherwise. There was no undue influence, duress, or incapacity affecting the validity of the marriage.

Citation
[1997] IEHC 105
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Nullity Petition / Judgment
Outcome
nullity refused
Legal Topics
Marriage Validity, Nullity, Parental Consent, Forgery, Undue Influence
Family Law Marriage Validity Nullity Parental Consent Forgery Undue Influence

Case Brief

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Nullity Petition / Judgment

Legal Issues

  1. 1 Whether the marriage was void due to lack of valid consent by the petitioner or respondent
  2. 2 Whether the 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, invalidated the marriage
  3. 3 Whether undue influence, duress, or incapacity rendered the marriage void or voidable

Ratio Decidendi

The statutory requirement for parental consent is directory only and does not render a marriage void if not complied with, even if the consent is forged, unless the petitioner relied on the forged consent and would not have married otherwise. There was no undue influence, duress, or incapacity affecting the validity of the marriage.

Court Disposition

nullity refused