F. v L. (Orse. F.)

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1991
• Docket Number: [1989 No. 3M]
• Date: 01 January 1991

High Court

[1989 No. 3M]

F. v. L. (Orse. F.)

F.

Petitioner

and

L. (otherwise F.)

Respondent

Cases mentioned in this report:—

Courtney v. Courtney [1923] 2 I.R. 31; (1923) 57 I.L.T.R. 42.

McCarthy v. McCarthy (1935) 70 I.L.T.R. 79.

Husband and wife - Costs - Decree of nullity of marriage sought and obtained by husband - Both parties having separate income - Whether husband should ordered to pay costs of wife - Rules of the Superior Courts, 1986 (S.I. No. 15), O. 70, r. 75 - Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 (33 & 34 Vict., c. 110), s. 27.

Matrimonial petition

The facts have been summarised in the headnote and are set out in the judgment of Barron J., post.

By petition dated the 19th January, 1989, the petitioner sought a decree that the ceremony of marriage between the petitioner and the respondent was null and void. The case was heard, and the decree granted, by the High Court (Barron J.) on the 14th November, 1989. The respondent's application for her costs against the petitioner was adjourned to the 28th November, 1989.

Section 27 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870, provides that the court, "on the hearing of any suit, proceeding, or petition under this Act . . . may make such order as to costs as to such court . . . may seem just".

The petitioner sought and was granted a decree of nullity of his marriage, on the grounds of the psychological incapacity of the respondent. At the conclusion of the hearing, the respondent sought an order for her costs against the petitioner on the grounds that a wife should, as a general rule, be awarded her costs whether or not she was the successful party. Both parties had separate incomes and neither would have been...