D.C. (Otherwise D.W.) v D. W

• Jurisdiction: Ireland
• Judgment Date: 01 January 1987
• Date: 01 January 1987
• Court: High Court

(H.C.)

D.C. (otherwise D.W.)

and

D. W

Capacity - Psychiatric illness -Petitioner suffering from schizophrenia -Inability to form and sustain normal marriage relationship - Respondent obtained nullity decree from ecclesiastical court - Whether relevant to the determination of civil court.

The petitioner and respondent met when they were both under 16. After a period of time they began to have sexual intercourse every time they met. The petitioner began to feel guilty about this, and felt that people were talking about her and looking at her strangely. She was referred by her family doctor to a psychiatrist. The petitioner was found to improve initially but, after six months had a relapse at which time it was discovered she was pregnant. As the parties were engaged at this time, the petitioner wanted to get married but the respondent did not. The parties married and within two weeks the petitioner went back to live with her parents. That was the end of the relationship. Some time later the petitioner met a man whom she found warm and loving. She went to live with him and had two children by him. The petitioner sought a decree of nullity on two separate grounds. Firstly that she did not fully and properly consent to the marriage in that through her psychiatric illness she was incapable of understanding the nature, duties and responsibilities of marriage. Secondly that because of the illness, she was incapable of entering into a permanent and meaningful relationship with the respondent. Held by Blayney J. in declaring the marriage with the respondent null and void, 1, the petitioner was at the date of...