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Report No. 15

76. Decisions of ecclesiastical courts.-

We may now refer to the suggestion made by the Roman Catholic witnesses, that decisions of the ecclesiastical authorities functioning under the Church of Rome on matrimonial causes heard by them should be accepted by the courts hearing petitions under the Act as final and conclusive, the function of the latter being limited to merely carrying out those decisions. We are unable to accede to it. It is the courts constituted under the law of this country that can have the exclusive authority to determine disputes relating to civil rights, and there can be no surrender or abdication of that authority. That, of course, does not bar the reception in evidence of those proceedings to the extent they may be admissible under the law.

Report on the Law of Christian Marriage and Divorce Back

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