E.C. (Orse. M.) v K.M.

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1991
• Docket Number: [1989 No. 20M]
• Date: 01 January 1991

(H.C.)

E.C. (Otherwise E.M.)

and

K.M

- Capacity - Impotence of petitioner - Psychological basis - Factors to be considered in determining when a sufficient ground for a decree - Whether petitioner made sufficient efforts to overcome disability - Conduct of respondent - Contract voidable - "Just cause" of petition - Whether conduct of respondent amounted to repudiation of marriage -Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 (33 34 Vict., c. 110), s. 13.

The petitioner and the respondent were married on 15 May, 1982. Repeated efforts to consummate the marriage failed. In 1985 the petitioner was diagnosed as suffering from a psychological disorder in relation to having intercourse with the respondent which manifested itself in a contraction of the vaginal muscles with the result that intercourse was impossible, a...