A.M.N. v J.P.C.

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 01 January 1988
• Neutral Citation: 1985 WJSC-HC 2580
• Docket Number: 14M/84
• Court: High Court
• Date: 01 January 1988

1985 WJSC-HC 2580

THE HIGH COURT

14M/84

N (A M) v. C {J P)

A M N

-v-

J P C

Citations:

OFFENCES AGAINST THE PERSON ACT 1861 S57

Synopsis:

HUSBAND AND WIFE

Marriage

Nullity - Non consummation - Wife's petition - Marriage in 1968, separation in 1970 - Church annulment in 1971 - Marriage to third party in 1976 - Issue of second marriage - Separation from third party in 1982 - Wife's mistaken belief that Church annulment valid at law - Petition filed in 1984 - Wife's delay due to mistaken belief - Decree of nullity granted - Third party allowed to give evidence - (1984 No.14M - Barron J. - 10/12/85).

|N. v. C.|

1 Judgment of Mr. Justice Barrondelivered the 10th day of December1985.

2 In these proceedings the petitioner seeks nullity on the ground of the respondent's inability to consummate their marriage. The parties were married in their local Roman Catholic Church on the 18th March, 1968. The petitioner had met her husband when she was 13 and they became engaged when she was 17. By this stage they were going out together every evening and seeing each other also at lunchtime. She was welcomed into her husband's family and got on very well with his parents. He was religious and went to Mass every day. There was no physical intimacy between the parties during courtship. The respondent regarded this as wrong because it led to temptation. He was not prepared to contemplate sex outside marriage nor would he talk about it. On one occasion when the petitioner made an approach which might have led to a sexual relationship he told her never to do it again. The petitioner sought advice about this part of their relationship from her local priest and he suggested that it might be due to nervousness.

3 When they married they came to Dublin for their honeymoon. The respondent had arranged their accommodation and had acquired a room for them with two single beds. The petitioner tried to induce him to have intercourse with her by joining the two beds together but with no result. They returned to their home town where they had rented a flat. All efforts on her behalf to have intercourse were repulsed. They were in this flat for between sixto eight weeks and then moved in with her mother. Matters were no better at her mother's and on any suggestion by her that they should have intercourse he became aggressive. She asked him to see the local priest and she also went to her doctor but he refused all help. She wanted to go to marriage guidance counsellors but again he refused. From in or about the time of their marriage the respondent started to drink and gradually was drinking more and more heavily. Eventually the petitioner left the respondent sometime in the month of December, 1970. Following the break-up of their marriage the petitioner applied for a Church annulment. This application was successful and she obtained the annulment of her marriage in the month of December, 1971.

4 In the year 1975 the petitioner met C.S. Having obtained her Church annulment she believed that she was free to marry. The Parties were married in the local Roman Catholic Church by a ceremony which took place on the 31st July, 1976. The petitioner has two children by C.S., one a boy who is now aged seven and the other a girl now aged four. This relationship ran into difficulties and the parties broke up sometime in...