High Court of Australia
90 C.L.B.]
OF AUSTRALIA. 211
(HIGH COURT OF AUSTRALIA.]
DEERY : , APPELLANT ; RESPONDENT, AND DEERY RESPONDENT. PETITIONER,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Matrimonial Causes—Dissolution of marriage—Constructive desertion—Intention— H. C. or A.
Marriage Act 1928 (Vict.) (No. 3726), s. 75 (a). 1953-1954, ey, 'A husband petitioned for dissolution of marriage on the ground of desertion —_1953,
for the statutory period. He alleged that he was forced to leave the matri- Mu:nournr, monial home by reason of the wife's conduct. The evidence showed that Qct, 5, 6, 7.
the wife was of an emotionally unstable and turbulent disposition and was mers
easly excited into unreasonable actions, which included outbursts of rage and Bee vituperative attacks upon the husband. he trial judge found that, not- ea ar. 4,
withstanding repeated warnings, the wife persisted in conduct which any
reasonable person would regard as calculated to bring about a rupture of Dixon C.J.,
Webb and
the matrimonial relationship and which she knew was likely to lead to such _Kitto JJ.
a rupture, and granted a decree nisi.
Held, by Dizon C.J. and Webb J. (Kitto J. dissenting), that the wife was not guilty of constructive desertion, because it had not been proved that she intended to drive the husband away nor, having regard to the fact that the conduct complained of was merely the undesigned and spontaneous mani- festation of her permanent characteristics and not physical violence or the
consequence of an antipathy or an exhibition of animosity, had it been proved
that she intentionally persisted in a course of conduct which she knew was
inconsistent with the continuance of the matrimonial relation or which any
reasonable person would regard as calculated to bring about a rupture of that relation.
The English and Australian authorities on constructive desertion con- sidered by Dizon C.J. and Webb J.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate