F v F [1945] ScotCS CSIH_1 (23 February 1945)

F v F [1945] ScotCS CSIH_1 (23 February 1945)

The impotent spouse has title and interest to sue for nullity of marriage on the ground of his own impotency; Bell's Principles and canon law support this competency, and there is no public policy or authority justifying restriction of the remedy to the potent spouse alone.

Citation
[1945] ScotCS CSIH_1
Parties
Pursuer: F; Defender: F
Jurisdiction
Scotland
Judgment Date
23 February 1945
Procedural Posture
Action for Declarator of Nullity of Marriage / Reported to Inner House for Ruling on Competency
Outcome
action allowed to proceed
Legal Topics
Nullity of Marriage, Impotency, Competency of Action
Family Law Nullity of Marriage Impotency Competency of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

F

Pursuer

F

Defender

Procedural Posture

Action for Declarator of Nullity of Marriage / Reported to Inner House for Ruling on Competency

Legal Issues

  1. 1 Is an action for nullity of marriage on the ground of impotency competent at the instance of the impotent spouse?

Ratio Decidendi

The impotent spouse has title and interest to sue for nullity of marriage on the ground of his own impotency; Bell's Principles and canon law support this competency, and there is no public policy or authority justifying restriction of the remedy to the potent spouse alone.

Court Disposition

action allowed to proceed

Orders

  • Lord Ordinary instructed that the instance is good and the action should be allowed to proceed