Raghunathan Or Fairley v. Fairley [2008] ScotCS CSOH_104 (18 July 2008)

The Court found, on the balance of probabilities and based on the credibility and corroboration of the pursuer's evidence and her witnesses, that the parties cohabited until 5 June 2006. The defender's account was found to be unreliable and untruthful.

Citation: [2008] CSOH 104 F47
Parties: Pursuer: Meena Raghunathan or Fairley; Defender: Alan Fairley
Jurisdiction: Scotland
Judgment Date: 18 July 2008
Procedural Posture: Civil (family Law) / Interlocutory Judgment on Date of Cohabitation/separation
Outcome: The Court finds in fact that the parties cohabited until 5 June 2006; repels the defender's first plea-in-law (to relevancy); orders further proof on the remaining pleas-in-law.
Legal Topics: Cohabitation, Date of Separation, Section 28 Family Law (scotland) Act 2006, Credibility of Witnesses

Family Law Cohabitation Date of Separation Section 28 Family Law (scotland) Act 2006 Credibility of Witnesses

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Parties

Meena Raghunathan or Fairley

Pursuer

Alan Fairley

Defender

Procedural Posture

Civil (family Law) / Interlocutory Judgment on Date of Cohabitation/separation

Legal Issues

1 What was the date of separation for the purposes of Section 28 of the Family Law (Scotland) Act 2006?

Ratio Decidendi

Court Disposition

The Court finds in fact that the parties cohabited until 5 June 2006; repels the defender's first plea-in-law (to relevancy); orders further proof on the remaining pleas-in-law.

Orders

Finds in fact that the parties cohabited until 5 June 2006.
Repels the defender's first plea-in-law (to relevancy).