Gardiner (otherwise Phillips) v Gardiner: 1920

A petition for nullity of a marriage was based upon an allegation of incapacity: ‘Every case of this kind must be decided on its own facts, and an appeal for permanent maintenance after a decree of nullity is not an appeal to a set of fixed principles, but one to the sense of propriety and moral justice of the court.’

Judges:

Sir Henry Duke P

Citations:

(1920) 36 TLR 294

Jurisdiction:

England and Wales

Cited by:

CitedJ 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: 07 December 2022; Ref: scu.235266