High Court of Australia
0.19880/48,
1H, B, Daw, Gor. Prit., Mato.
IN THE HIGH COURT OF AUSTRALIA
a_i 4. ¥. SHELDON !
REASONS FOR JUDGMENT
SHELDON _ve___ SHELDON
ORDER
Appeal allowed with costs. Order of the Full Court of the Supreme Court discharged. In lieu thereof order that the appeal of the petitioner (the respondent in this Court) from the order of Tome J. to the Full Court of the Supreme Court be dismissed with costs.
JUDGMENT
SHELDON
Vv.
SHELDON
SHELDON Ve SHELDON
DIxoN J. WILLIAMS J.
JUDGMENT HEEB o. kiTTQ Je
This is an appeal from a judgment of the Full Court of the Supreme Court of New South Wales allowing an appeal from a judgment of Toose A.-J. Reginald Cecil Sheldon petitioned for a dissolution of his marriage with Lillian Sheldon on the ground of her adultery with George Gough. The suit was defended and came on for hearing before Toose A.-d., who dismissed the petition. On appeal a majority of the Full Court were of opinion that from certain evidence, given by a witness who had been regarded by Toose A.-Jd. as a truthful witness, an inference ought to be drawn which his Honour had declined to draw. The decision of Toose A.-J. was accordingly reversed, and a decree nisi for dissolution of marriage was pronounced in favour of the husband. The wife now appeals to this Court.
The parties were married on the 19th March 1930. There are two children of the marriage, both daughters, who were born respectively on the 29th July 1937 and the 12th January 19h6. The home was at Coonamble where the husbend carries on the business - of a chemist. The co-respondent, Gough, also lived at Coonamble. No serious trouble between husband and wife appears to have cecurred until 1948. In that year the wife commenced drinking to excess. In October 1948 she committed adultery with Gough in Sydney. This adultery was admitted by her, and it is this adultery, which is the foundation of the suit. This adultery, however, was, as the husband for his part admitted, condoned by him. After he had discovered it, and after his wife had confessed
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