Kaur v. Singh [2005] ScotCS CSOH_96 (22 July 2005)
The Court of Session has jurisdiction as the pursuer is domiciled in Scotland; no valid defences were lodged; Scots law as the law of the pursuer's domicile governs consent; the evidence, including corroboration from a non-party witness, establishes duress amounting to immediate danger to liberty, vitiating consent and rendering the marriage null.
- Citation
- [2005] ScotCS CSOH_96
- Parties
- Pursuer: June Kaur or Singh; Defender: Bikramjit Singh
- Jurisdiction
- Scotland
- Judgment Date
- 22 July 2005
- Procedural Posture
- Action for Declarator of Nullity of Marriage / Final Judgment
- Outcome
- Declarator of nullity granted
- Legal Topics
- Nullity of Marriage, Duress, Jurisdiction, Choice of Law, Consent
Case Brief
Summary, issues, holding and outcome
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Parties
June Kaur or Singh
Pursuer
Bikramjit Singh
Defender
Procedural Posture
Action for Declarator of Nullity of Marriage / Final Judgment
Legal Issues
- 1 Whether the Court of Session has jurisdiction to entertain the action for declarator of nullity of marriage
- 2 Whether the action is defended
- 3 Which law governs the issue of consent to marriage
Ratio Decidendi
The Court of Session has jurisdiction as the pursuer is domiciled in Scotland; no valid defences were lodged; Scots law as the law of the pursuer's domicile governs consent; the evidence, including corroboration from a non-party witness, establishes duress amounting to immediate danger to liberty, vitiating consent and rendering the marriage null.
Court Disposition
Declarator of nullity granted
Orders
- Marriage between pursuer and defender declared null due to lack of consent arising from duress
Full Case Text
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