Griffith v Griffith

JurisdictionIreland
Judgment Date01 January 1944
Date01 January 1944
CourtHigh Court
Griffith
and
Griffith

Petition for annulment -Grounds upon which relief will be granted -Absence of real consent on part of petitioner -False statement made by respondent to the petitioner as to the paternity of her child - Threat to the petitioner of a criminal prosecution - Fearinduced by such threat - Invalidity of the marriage - Decree for annulment.

Petitioner, an apprentice aged 19 years, went through the ceremony of marriage with the respondent, being induced to do so by the threat of a criminal prosecution made by the respondent and her mother by whom he was accused of having unlawful carnal knowledge of the respondent, then under seventeen years of age, with the result, they alleged, that the respondent was then pregnant by him—this statement as to the paternity of the respondent's child being false. This threat of criminal proceedings with the resulting scandal and publicity to him and his family, together with the fear of conviction and...

To continue reading

Request your trial
15 cases
  • S v Minister for Justice
    • Ireland
    • Supreme Court
    • 24 July 2020
    ...and understanding of marriage, must now be reviewed; indeed, some of these cases are not so old. Leaving aside Griffith v. Griffith [1944] I.R. 35 for a moment, this Court in T.F. v. Ireland [1995] 1 I.R. 321 said the following at p. 373:- “As to how marriage should be defined, the court ad......
  • Foy v an T-Ard Chlaraitheoir and Others
    • Ireland
    • High Court
    • 9 July 2002
    ... 1965 IR 70 GARVEY V IRELAND 1981 IR 75 CONSTITUTION ART 50.1 OSHEKU V IRELAND 1986 IR 733 CONSTITUTION ART 40.3 GRIFFITH V GRIFFITH 1944 IR 35 SHATTER ON FAMILY LAW 4ED 182 CONSTITUTION ART 41.1.1 WESTERN HEALTH BOARD V AN BORD UCHTALA 1995 3 IR 178 F (T) V IRELAND 1995 1 IR 321 NICOL......
  • P.F. v G. O'M. (otherwise G.F.) (Nullity: Consent)
    • Ireland
    • Supreme Court
    • 28 November 2000
    ...woman was held not to render their marriage void." 50 Both Swift v Kelly and Moss v Mosswere approved by Haugh J. in Griffith v Griffith [1944]IR 35. 51 The whole question of misrepresentation or fraud arising from the misconduct of one party prior to the marriage was most fully considered ......
  • TF v Ireland
    • Ireland
    • Supreme Court
    • 14 July 1995
    ...I.R. 330; [1991] I.L.R.M. 65. Goodman International v. Mr. Justice Hamilton [1992] 2 I.R. 542; [1992] I.L.R.M. 145. Griffith v. Griffith [1944] I.R. 35; (1943) 78 I.L.T.R. 95. In re H. (J.) [1985] I.R. 375; [1986] I.L.R.M. 65. M. (C.) v. M.(T.) [1987] I.R. 152; [1988] I.L.R.M. 262. McDonald......
  • Request a trial to view additional results
3 books & journal articles
  • Marriage
    • Canada
    • Irwin Books Archive Canadian Family Law. Fourth Edition
    • 8 September 2011
    ...O.W.N. 853 (H.C.J.). 55 H. v. H. , [1953] 2 All E.R. 1229. 56 Buckland v. Buckland , [1967] 2 All E.R. 330. 57 See Griffith v. Griffith , [1944] I.R. 35; see also C. Davies, “Duress and Nullity of Marriage” (1972) 88 Law Q. Rev. 549. 58 See, for example, H. v. H. , [1953] 2 All E.R. 1229 (v......
  • Marriage
    • Canada
    • Irwin Books Archive Canadian Family Law. Third Edition
    • 2 September 2008
    ...(H.C.J.). 51 H. v. H. , [1953] 2 All E.R. 1229. 52 Buckland v. Buckland , [1967] 2 All E.R. 330. 53 See See Grif‌f‌ith v. Grif‌f‌ith , [1944] I.R. 35; see also C. Davies, “Duress and Nullity of Marriage” (1972) 88 Law Q. Rev. 549. 54 See, for example, See, for example, H. v. H. , [1953] 2 A......
  • Marriage
    • Canada
    • Irwin Books Archive Canadian Family Law. Second Edition
    • 27 August 2006
    ...,[1955]O.W.N.853. 51 H. v. H. ,[1953]2 AllE.R.1229. 52 Buckland v. Buckland ,[1967]2 AllE.R.330. 53 See Grif‌f‌ith v. Grif‌f‌ith , [1944] I.R. 35; see also C. Davies, “Duress and Nullity of Marriage”(1972)88 LawQ.Rev.549. 54 See, for example, H. v. H., [1953]2 AllE.R.1229(void); Parojcic v.......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT