High Court of Australia
OF AUSTRALIA. 577
[HIGH COURT OF AUSTRALIA.)
ONNELLY . i s i 3 i . APPELLANT; PETITIONER,
AND
ONNELLY .. % 5 é R 5 . RESPONDENT. ResponDENT,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
-Desertion—Constructive desertion—Intention to determine matrimonial }. C, or A. relationship—Marriage Act 1928 (Vict.) (No. 3726), sec. 75 (a). 1939. On a petition by a wife for dissolution of marriage on the ground of desertion MrLBourNe,
the trial judge found that the husband had not supported his wifeand hadformed — May 16. 'n infatuation for his cousin, a girl aged sixteen years, which was resented | oa y_ by his wife, and had been gambling and drinking. On one occasion the wife Rich, Starke, found the husband under the influence of drink attempting to have intercourse McTiernan JJ. with this girl against her will in the bed-sitting-room occupied by the husband
and wife, after which the husband suggested that his wife and the girl should
live with him as if they were both married to him, which suggestion they both
_ repudiated. On a later occasion he treated his wife with violence. His wife
_ thereupon left him. The trial judge was not satisfied that an intention to
_ determine the matrimonial relationship should be imputed to the husband ;
accordingly, he dismissed the petition.
Held, by Latham C.J., Rich and Evatt JJ. (Starke and McTiernan JJ. dis- senting), that, having regard to the trial judge's findings of fact, an intention to drive his wife away from him permanently should be imputed to the husband, and, therefore, that desertion by the husband was established.
Moss v. Moss, (1912) 15 C.L.R. 538, applied. Decision of the Supreme Court of Victoria (O'Bryan A.J.) reversed.
578 HIGH COURT
H.C. or A. Appgar from the Supreme Court of Victoria. es Violet Olive Donnelly sought a dissolution of her marri Doxxeuty William Donnelly on the ground of desertion for three y Dozen. upwards under the Marriage Act 1928 (Vict.), sec. 75 (a). petitioner relied upon constructive desertion by the responde
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