K v. S [2007] ScotSC 48 (06 September 2007)

K v. S [2007] ScotSC 48 (06 September 2007)

There is uncertainty regarding the sheriff court's jurisdiction to grant declarators of nullity of marriage, especially where the defender is not domiciled within the jurisdiction; no other basis for jurisdiction was suggested.

Citation
[2007] ScotSC 48
Parties
Pursuer: K; Defender: S
Jurisdiction
Scotland
Judgment Date
06 September 2007
Procedural Posture
Declarator of Nullity of Marriage / Motion for Decree, Action Dismissed
Outcome
action dismissed
Legal Topics
Nullity of Marriage, Jurisdiction of Sheriff Court
Family Law Nullity of Marriage Jurisdiction of Sheriff Court

Case Brief

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Parties

K

Pursuer

S

Defender

Procedural Posture

Declarator of Nullity of Marriage / Motion for Decree, Action Dismissed

Legal Issues

  1. 1 Does the sheriff court have jurisdiction to grant declarators of nullity of marriage, particularly where the defender is not domiciled within the jurisdiction?

Ratio Decidendi

There is uncertainty regarding the sheriff court's jurisdiction to grant declarators of nullity of marriage, especially where the defender is not domiciled within the jurisdiction; no other basis for jurisdiction was suggested.

Court Disposition

action dismissed

Orders

  • action dismissed as pursuer did not insist on decree