A father of four has been granted leave to bring High Court proceedings aimed at halting judicial separation proceedings in the Circuit Court.
Mr Justice Michael Peart, in granting leave yesterday, said there was "an interesting question" to be heard at the judicial review hearing.
The man wants to quash any order made by a Circuit Court judge on foot of proceedings instituted by his wife under the Judicial Separation Act 1989 and Family Law Reform Act 1995.
The man claims the judge "acted improperly" in making preliminary orders under Family Law Act 1995 "in the circumstances where his affairs relating to his conjugal rights and duties are exclusively under the jurisdiction of the Roman Catholic Church".
He is also seeking a declaration that the Circuit Court judge acted improperly in issuing an attachment warrant compelling him to be brought to court so that he might act, even against his religious conscience and free will, in judicial separation proceedings.
He contends that the covenant of marriage "can only be regulated, suspended, controlled or superseded by order of a canonical court of the Roman Catholic Church".