2013 (O) No. 1079

The plaintiff, who had divorced her former husband and remarried seven months later, sued the State claiming that she had suffered mental distress due to a provision in the Civil Code which barred women from remarrying until six months after the dissolution or rescission of her previous marriage. Both the District Court and the High Court dismissed the plaintiff’s argument, saying that the restriction was not necessarily unreasonable because it was meant to avert confusion over the paternity of any children born immediately after a divorce. The Supreme Court affirmed in part, holding that the provision violated the Constitution only to the extent that the restriction exceeded 100 days, because 1) the Civil Code already provided that a child born more than 200 days after the formation of a marriage or less than 300 days after the dissolution/rescission of a marriage would be presumed to have been conceived within the marriage, and 2) advances in medical technology and societal changes made it difficult to justify a restriction lasting beyond 100 days. However, the Supreme Court also affirmed the District Court and High Court in finding that the State was not liable in this case for failing to abolish the regulation, as this did not constitute an exceptional case that might incur liability under the State Redress Act. Shortly after this judgment, the Civil Code was amended to decrease the six month waiting period to 100 days.

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