Stein v. Stein and Another [1914] ScotLR 774 (09 July 1914)

Stein v. Stein and Another [1914] ScotLR 774 (09 July 1914)

A marriage is null where, at the time of marriage, the wife is pregnant by another man and fraudulently conceals this from the husband, inducing essential error as to the nature of the marital relationship. The fraudulent concealment goes to the root of consent and entitles the deceived spouse to a decree of nullity. The pursuer is also entitled to a declarator of non-paternity of the child, as he is not the father.

Citation
[1914] ScotLR 774
Parties
Pursuer: Philip Stein; Defender: Jeanette Ritchie Ramsay or Stein; Defender: Elizabeth Doris Ramsay or Stein
Jurisdiction
Scotland
Judgment Date
09 July 1914
Procedural Posture
Action for Declarator of Nullity of Marriage and Non Paternity / Judgment of the Inner House, First Division, After Proof Before Answer and Report From Lord Ordinary
Outcome
Marriage declared null; declarator of non-paternity granted; decree in absence against both defenders.
Legal Topics
Nullity of Marriage, Fraudulent Concealment, Essential Error, Paternity, Husband and Wife
Family Law Nullity of Marriage Fraudulent Concealment Essential Error Paternity Husband and Wife

Case Brief

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Parties

Philip Stein

Pursuer

Jeanette Ritchie Ramsay or Stein

Defender

Elizabeth Doris Ramsay or Stein

Defender

Procedural Posture

Action for Declarator of Nullity of Marriage and Non Paternity / Judgment of the Inner House, First Division, After Proof Before Answer and Report From Lord Ordinary

Legal Issues

  1. 1 Whether a marriage is null where the wife, pregnant by another man, fraudulently concealed her condition from the husband at the time of marriage.
  2. 2 Whether the husband is entitled to a declarator that he is not the father of the child born to the wife shortly after marriage.

Ratio Decidendi

A marriage is null where, at the time of marriage, the wife is pregnant by another man and fraudulently conceals this from the husband, inducing essential error as to the nature of the marital relationship. The fraudulent concealment goes to the root of consent and entitles the deceived spouse to a decree of nullity. The pursuer is also entitled to a declarator of non-paternity of the child, as he is not the father.

Court Disposition

Marriage declared null; declarator of non-paternity granted; decree in absence against both defenders.

Orders

  • Remit to the Lord Ordinary to pronounce decree of declarator as concluded for.