High Court of Australia
57 C.L.R.] OF AUSTRALIA. 639
(HIGH COURT OF AUSTRALIA]
HAEVECKER APPELLANT ; } PLarntiFF, | ax
HAEVECKER AND ANOTHER . . ResPoNDENTs.
DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
Divorce—Adultery—Connivance—Conduct inducing or contributing toadultery—Wilful H.C. or A.
neglect or misconduct conducing to adultery— Matrimonial Causes Act 1929(S.A.) 1936. (No. 1946), secs. 11 (a), 12 (1) (d), (f).* ee ADELAIDE,
Where a husband believes prematurely that a relationship between his Oct, 2, 5, 6. wife and another man is adulterous, and, in the desire to obtain evidence in
order to divorce her, abstains from taking steps which he would or might have 5¥>*S¥ taken if he had thought that she had not yet committed adultery, but on the Dee 15. other hand does nothing which leads the wife or the adulterer to suppose that Zatham C.., he sanctions the commission of adultery, and they both understand that he vat 30"
objects to their association, he is not guilty of connivance at their subsequent adultery although, on the supposition that his wife had already fallen, his state of mind was one of willingness that adultery should go on so as to supply him with the proofs he needed.
So held by Dizon and Evatt JJ.
H. and his wife lived near a farm occupied by R. and his mother. In 1930 H.'s wife was engaged to work during the day at the farm, She returned to the matrimonial home at night, but in 1931 H. complained of the late hours
*The Matrimonial Causes Act 1929 of . .
(S.A.) provides :—Sec. 11: "No order shall be made—(a) if the plaintiff has
(@) habits or conduct inducing or contributing to the exist- ence of the ground relied upon.
condoned, been accessory to, or con- nived at all the grounds proved." Sec. 12 (1): "The court may refuse to make an order if the plaintiff has been guilty
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