F. (P.) v. O'M. (G.)

This is an appeal from the judgment and order of O'Higgins J. made on the 26th March 1999 whereby the High Court Judge refused the petition for a decree of nullity presented by the Petitioner. Having heard Counsel on both sides O'Higgins J. made no order as to costs. The Respondent has cross appealed on the issue of costs only.

relationship, were ordered to be tried. However, in the course of the hearing in the High Court it was indicated by Counsel for the Applicant that he was relying on one ground only. That ground concerned whether, in the circumstances of the case, the Petitioner gave a full free and informed consent to the marriage. This was also the sole ground upon which the appeal before this Court was argued.

The learned High Court judge heard extensive evidence from seventeen witnesses over a period of eight days. As he pointed out in his judgment (at pages 1 to 2) a great deal of the evidence was concerned with different versions of events given by the witnesses as to matters that occurred after the marriage took place. This evidence was largely irrelevant to the actual grounds for nullity. It was directed to issues of credibility. The relevant evidence is summarised in the judgment of O'Higgins J. at pages 2 to 3 of his judgment as follows: -

The contention of the Petitioner is straightforward. He claims that during the time of his engagement to G.O'M she was involved in an affair with Mr K Had he known

this he would not have married G.O'M. In the circumstances he claims that his consent to the marriage was not fully informed."