OGDEN V. OGDEN

OGDEN V. OGDEN

After the parties resumed cohabitation, there was a real and complete reconciliation, thereby condoning the husband's previous desertion. The wife's departure thereafter was not justified by any serious matrimonial misconduct or reasonable suspicion of adultery. Condonation of the previous offence could not be made conditional, and there was no legal or factual basis for reviving the condoned matrimonial offence, nor for the wife to have just cause or excuse for her desertion. The husband's conduct did not revive any former matrimonial fault, and the trial judge properly found that the wife deserted the husband without just cause or excuse.

Parties
Husband/petitioner/respondent: Ogden; Wife/respondent/appellant: Ogden
Jurisdiction
Australia
Judgment Date
09 June 1955
Procedural Posture
Appeal / Final Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Divorce, Desertion, Condonation, Just Cause or Excuse, Resumption of Cohabitation
Family Law Divorce Desertion Condonation Just Cause or Excuse Resumption of Cohabitation

Case Brief

Summary, issues, holding and outcome

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Parties

Ogden

Husband/petitioner/respondent

Ogden

Wife/respondent/appellant

Procedural Posture

Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the wife had just cause or excuse for leaving and thereafter continuously deserting the husband after the resumption of cohabitation
  2. 2 Whether the husband's prior desertion was condoned by the wife and, if so, whether subsequent conduct revived the condoned offence
  3. 3 Whether conditional condonation is legally effective

Ratio Decidendi

After the parties resumed cohabitation, there was a real and complete reconciliation, thereby condoning the husband's previous desertion. The wife's departure thereafter was not justified by any serious matrimonial misconduct or reasonable suspicion of adultery. Condonation of the previous offence could not be made conditional, and there was no legal or factual basis for reviving the condoned matrimonial offence, nor for the wife to have just cause or excuse for her desertion. The husband's conduct did not revive any former matrimonial fault, and the trial judge properly found that the wife deserted the husband without just cause or excuse.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs