D v C
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1984 |
| Date | 01 January 1984 |
| Court | High Court |
(H.C.)
D
and
C
Capacity - Psychiatric illness -Whether petitioner entitled to decree of nullity on basis of respondent's inability to enter into and sustain normal marriage relationship due to psychiatric illness - Whether marriage void or voidable - Whether petitioner approbated marriage -Whether petitioner estopped by earlier matrimonial proceedings against respondent -Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 (c. 110).
The petitioner and the respondent were married in 1974. In 1978 the respondent was diagnosed as a manic depressive. Evidence was given that the respondent both before and after the marriage had undergone a number of serious mood changes each lasting for a considerable time. In early 1981 the respondent seriously assaulted the petitioner twice and the petitioner obtained a High Court order barring the respondent from the family home. The petitioner took the...
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61 cases
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TF v Ireland
...and the creation of an emotional and psychological relationship between the spouses. Murray v. IrelandIR [1985] I.R. 532, D. v. C.DLRM [1984] ILRM 173 and U.F. v. J.C.IR [1991] 2 I.R. 330 applied. 6. That it must be recognised that the consent of either party to the continuation of the marr......
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R.T. v V.P. (v.T.)
...58 and W. v. P. (Unreported, High Court, Barrington J., 7 June, 1984) considered. R.S.J. v. J.S.J.DLRM [1982] ILRM 263 and D. v. C.DLRM [1984] ILRM 173 followed. U.F. (U.C.) v. J.C.IR [1991] 2 I.R. 330 not followed. 2. That neither of the parties had anything psychologically or psychiatrica......
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F. v F
...v. W.O.R. (Unreported, High Court, Hamilton J., 26 January, 1984) distinguished. R.S.J. v. J.S.J.DLRM [1982] ILRM 263; D.v. C.DLRM [1984] ILRM 173; D.C. v. D.W.DLRM [1987] ILRM 58 and M.E. v. A.E.IR [1987] I.R. 147 approved. 2. That the respondent's so-called revelations of a one-time homos......
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P.F. v G. O'M. (otherwise G.F.) (Nullity: Consent)
...1912 2 IR 445 C (ORSE R) V C 1921 P 399 NAPIER V NAPIER 1915 P 184 MATRIMONIAL CAUSES & MARRIAGE LAW (IRL) (AMDT) ACT 1870 S13 D V C 1984 ILRM 173 F (U) (ORSE C (U)) V C (J) 1991 2 IR 330 CONSTITUTION ART 41 FAMILY LAW (DIVORCE) ACT 1996 SHATTER FAMILY LAW 189–190 SWIFT V KELLY 1835 3 KNA......
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1 books & journal articles
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'When Divorce is Away, Nullity's at Play': A New Ground for Annulment, its Dubious Past and its Uncertain Future
...of legislation permitting divorce. See Article 41.3.2 as it stood prior to the enactment of the 15 t h Amendment to the Constitution. 40 [1984] ILRM 173, 189. 41 Ibid. 42 [1985] ILRM 34. 43 Ibid. at 38-39. 44 Unreported, High Court, 14 March 1996, McCracken J. 1998] 'When Divorce is Away, N......