Raghunathan or Fairley v Fairley [2008] ScotCS CSOH_104 (18 July 2008)

Raghunathan or Fairley v Fairley [2008] ScotCS CSOH_104 (18 July 2008)

The pursuer has proved on the balance of probabilities that the parties cohabited until 5 June 2006, based on corroborated witness evidence and event chronology.

Citation
[2008] ScotCS CSOH_104
Parties
Pursuer: Meena Raghunathan or Fairley; Defender: Alan Fairley
Jurisdiction
Scotland
Judgment Date
18 July 2008
Procedural Posture
Civil / Interlocutory Judgment on Date of Separation; Order for Further Proof
Outcome
The Court finds as fact that the parties cohabited until 5 June 2006; repels the defender's first plea-in-law to relevancy; orders further proof on remaining pleas-in-law.
Legal Topics
Cohabitation, Date of Separation, Section 28 Family Law (scotland) Act 2006
Family Law Cohabitation Date of Separation Section 28 Family Law (scotland) Act 2006

Case Brief

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Parties

Meena Raghunathan or Fairley

Pursuer

Alan Fairley

Defender

Procedural Posture

Civil / Interlocutory Judgment on Date of Separation; Order for Further Proof

Legal Issues

  1. 1 What is the correct date of separation for the purposes of Section 28 of the Family Law (Scotland) Act 2006?

Ratio Decidendi

The pursuer has proved on the balance of probabilities that the parties cohabited until 5 June 2006, based on corroborated witness evidence and event chronology.

Court Disposition

The Court finds as fact that the parties cohabited until 5 June 2006; repels the defender's first plea-in-law to relevancy; orders further proof on remaining pleas-in-law.

Orders

  • Finds in fact that parties cohabited until 5 June 2006.
  • Repels defender's first plea-in-law to relevancy.