This decision of O'Hanlon J. was specifically followed by Quirke J. in the case of P.McG. v. A.F. (Unreported, High Court, Quirke J., 7 th May, 2003)
In the light of the above decisions it appears that it is not always necessary that a petitioner seeking nullity on the grounds of his or her incapacity must also prove repudiation by the other party. That being so in my view (at least in cases where no defence to the petition has been entered or where such a defence has been abandoned) it is not necessary for the petitioner to prove repudiation of the marriage by the other party even in cases based on the incapacity of the petitioner. However, it is unnecessary to decide the case on that basis. In September of the year 2000 the respondent commenced proceedings seeking judicial separation and ancillary relief in which she claims inter alia that she can "no longer be reasonably expected to live and cohabit with" the petitioner. The talking of these proceedings constitute sufficient repudiation of the marriage for the purpose of this case.
Accordingly the petition is granted on the grounds that the petitioner by reason of his serious mental illness and its effect on a man with the personality traits as outlined in the psychiatric evidence was incapable of sustaining a normal marital relationship with the respondent.
Approved: O'Higgins J.