In a case alleging non-consummation of a marriage, the court discussed the purpose of the 1907 Act: ‘The object of that Act, so far as nullity suits are concerned, was to remedy a defect that previously existed. In some cases of nullity, for instance, a husband or wife of one of the parties turned up after a number of years, and there was no power, in the absence of a settlement, to do anything for the woman who had believed herself a wife, and perhaps had children, and who might be left destitute. There may, however, be a great distinction between one case and another.’ The court has a wide discretion: ‘Each case must depend on its own merits, and the court must be guided by the facts of the particular case before it.’
Judges:
Sir Gorell Barnes P
Citations:
[1909] P 90-91
Statutes:
Cited by:
Cited – J v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 30 April 2022; Ref: scu.235265
