Orlandi v Castelli
| Jurisdiction | Scotland |
| Judgment Date | 05 November 1960 |
| Docket Number | No. 14. |
| Date | 05 November 1960 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Cameron.
Husband and WifeRegistry office marriageNullity of marriageWant of true consentWhether a "legal impediment"Marriage (Scotland) Act, 1939 (2 and 3 Geo. VI, cap. 34), sec. 1 (4)
The Marriage (Scotland) Act, 1939, enacts by sec. 1:"(1) Any two persons who desire to be married to each other in Scotland, may contract a marriage in the office of an authorised registrar in accordance with the following provisions:(i) the registrar shall supply a copy of the First Schedule to this Act, and shall, so far as possible, fill up the same according to the information supplied by the parties to the best of their knowledge and belief; (ii) the parties shall thereafter, in the presence of the registrar and of two persons of the age of sixteen years or upwards as witnesses, declare that they know of no legal impediment to their marriage, and that they accept each other as husband and wife; (iii) the registrar shall then complete the filling up of the copy of the aforesaid Schedule and it shall be signed by the parties, the registrar and the witnesses. (2) The registrar shall cause the particulars of every marriage to be entered as soon as possible in the register (3) The registrar shall be entitled to a fee (4) Any marriage contracted in accordance with the foregoing provisions of this section shall, unless there be a legal impediment thereto, be a valid and regular marriage in all respects."
A woman of British nationality, resident in Glasgow, brought her Italian fianc to Scotland to stay. After three months in this country his residence permit expired, but he desired to remain longer. One way of seeking to prolong his stay was for the parties to marry each other. They went through a form of marriage at a registry office for this purpose. Both parties were Roman Catholics and they did not regard the civil ceremony as a marriage. They did not cohabit after the ceremony nor did they have sexual intercourse together. The woman thereafter brought an action of declarator of nullity of marriage which the man did not defend. The Lord Advocate, however, entered appearance in the public interest and lodged defences. It was conceded by the pursuer that the statutory formalities of a registry office marriage had been fulfilled, but it was contended on her behalf that, in the...
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