Orlandi v Casteli [1960] ScotCS CSOH_1 (05 November 1960)

Orlandi v Casteli [1960] ScotCS CSOH_1 (05 November 1960)

Where it can be established that there was no true matrimonial consent and the ceremony was a sham or antecedent to true marriage, it is competent to seek nullity of a marriage regularly celebrated under Scottish law. The absence of consent is a valid ground for nullity regardless of the formality of the marriage ceremony.

Citation
[1960] ScotCS CSOH_1
Parties
Pursuer: Orlandi; Defender: Castelli; Intervener: Lord Advocate
Jurisdiction
Scotland
Judgment Date
05 November 1960
Procedural Posture
Nullity of Marriage / Debate on Relevancy and Preliminary Pleas
Outcome
Plea to relevancy repelled; proof before answer allowed; plea of bar to remain standing for final determination.
Legal Topics
Nullity of Marriage, Consent in Marriage, Marriage Formalities, Sham Marriage
Family Law Nullity of Marriage Consent in Marriage Marriage Formalities Sham Marriage

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Parties

Orlandi

Pursuer

Castelli

Defender

Lord Advocate

Intervener

Procedural Posture

Nullity of Marriage / Debate on Relevancy and Preliminary Pleas

Legal Issues

  1. 1 Whether absence of true matrimonial consent by both parties can nullify a regular marriage under Scottish law
  2. 2 Whether the Marriage (Scotland) Act 1939 precludes nullity on the ground of lack of consent in a regular marriage

Ratio Decidendi

Where it can be established that there was no true matrimonial consent and the ceremony was a sham or antecedent to true marriage, it is competent to seek nullity of a marriage regularly celebrated under Scottish law. The absence of consent is a valid ground for nullity regardless of the formality of the marriage ceremony.

Court Disposition

Plea to relevancy repelled; proof before answer allowed; plea of bar to remain standing for final determination.

Orders

  • Proof of averments allowed before answer
  • Plea of bar to remain for final determination