A B v. C D [1901] ScotLR 38_559 (24 November 1901)

A B v. C D [1901] ScotLR 38_559 (24 November 1901)

A decree of nullity of marriage may be granted where consummation is impracticable due to incapacity (physical or moral) beyond the defender's control, even absent proof of physical incapacity, as corroborated by defender's admissions and conduct.

Citation
[1901] ScotLR 38_559
Parties
Pursuer: A B; Defender: C D
Jurisdiction
Scotland
Judgment Date
24 November 1901
Procedural Posture
Declarator of Nullity of Marriage / Outer House Judgment
Outcome
Decree of declarator of nullity of marriage granted.
Legal Topics
Nullity of Marriage, Impotence, Non Consummation, Incapacity
Family Law Nullity of Marriage Impotence Non Consummation Incapacity

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Parties

A B

Pursuer

C D

Defender

Procedural Posture

Declarator of Nullity of Marriage / Outer House Judgment

Legal Issues

  1. 1 Whether non-consummation of marriage due to incapacity (physical or moral) beyond defender's control warrants decree of nullity
  2. 2 Whether proof of physical incapacity is necessary for nullity

Ratio Decidendi

A decree of nullity of marriage may be granted where consummation is impracticable due to incapacity (physical or moral) beyond the defender's control, even absent proof of physical incapacity, as corroborated by defender's admissions and conduct.

Court Disposition

Decree of declarator of nullity of marriage granted.

Orders

  • Marriage declared null and void.