Mason v Mason (Otherwise Pennington)
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1944 |
| Date | 01 January 1944 |
| Court | High Court (Northern Ireland) |
Decree nisi of nullity of marriage - Re-marriage of one of the parties before decree made absolute - English domicil -Residence in Northern Ireland - Nullity suit -Jurisdiction - Effect of decree absolute.
On 10th July, 1932, a ceremony of marriage was celebrated between the respondent and one, N. By a decree nisi of the High Court of Justice in England made on 10th July, 1934, the marriage was declared null and void by reason of the incapacity of N. to consummate it; this decree was made absolute on 21st January, 1935. On 10th January, 1935, N. being still alive, a ceremony of marriage was celebrated in Scotland between the petitioner and the respondent. In 1940 the respondent obtained employment in Northern Ireland and came to reside there. On 30th December, 1942, the petitioner presented a petition for a declaration that the ceremony of marriage celebrated between her and the respondent was null and void on the ground that the respondent's marriage with N. was still valid and existing when he went through the ceremony of marriage with the petitioner; at the time when the petition was presented both parties were resident in Northern Ireland but were domiciled in England. Held: (1) That the residence of the parties in...
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