Di Rollo v Di Rollo [1958] ScotCS CSOH_8 (12 December 1958)

Di Rollo v Di Rollo [1958] ScotCS CSOH_8 (12 December 1958)

A decision of a Roman Catholic Church tribunal, including the Rota, annulling a marriage celebrated in Scotland does not affect the validity of that marriage under Scots civil law, regardless of its recognition in the husband's domicile. Only the Court of Session can annul such a marriage under Scots law.

Citation
[1958] ScotCS CSOH_8
Parties
Pursuer: Di Rollo; Defender: Di Rollo
Jurisdiction
Scotland
Judgment Date
12 December 1958
Procedural Posture
Divorce and Declarator of Nullity / Preliminary Hearing on Alternative Conclusion
Outcome
Alternative conclusion dismissed; proof allowed on first conclusion.
Legal Topics
Recognition of Foreign Judgments, Nullity of Marriage, Ecclesiastical Decrees, Domicile and Marriage Validity
Family Law Private International Law Recognition of Foreign Judgments Nullity of Marriage Ecclesiastical Decrees Domicile and Marriage Validity

Case Brief

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Parties

Di Rollo

Pursuer

Di Rollo

Defender

Procedural Posture

Divorce and Declarator of Nullity / Preliminary Hearing on Alternative Conclusion

Legal Issues

  1. 1 Whether decrees of the Roman Catholic Church (Rota) annulling a marriage celebrated in Scotland are valid and have extra-territorial effect in Scotland
  2. 2 Whether Scottish courts must recognise ecclesiastical annulments recognised in the husband's domicile (Italy)

Ratio Decidendi

A decision of a Roman Catholic Church tribunal, including the Rota, annulling a marriage celebrated in Scotland does not affect the validity of that marriage under Scots civil law, regardless of its recognition in the husband's domicile. Only the Court of Session can annul such a marriage under Scots law.

Court Disposition

Alternative conclusion dismissed; proof allowed on first conclusion.

Orders

  • Dismiss alternative conclusion seeking recognition of Rota decrees as valid in Scotland.
  • Allow proof of pursuer's averments in support of divorce on ground of adultery.