Hugh Lawton Bartlett v Ada Pearl Bartlett [1933] HCA 53

Hugh Lawton Bartlett v Ada Pearl Bartlett [1933] HCA 53

Where a spouse returns to the matrimonial home in purported compliance with a decree for restitution of conjugal rights and is then subjected to cruelty by the petitioner, such cruelty justifies her subsequent departure and precludes a decree for dissolution of marriage on the basis of desertion. The presence or absence of intention or affection is not determinative; rather, overt acts and conduct reflecting compliance are required. Persistent and unjustified cruelty by one spouse is a bar to relief by that spouse, notwithstanding prior technical non-compliance by the other.

Parties
Appellant; Petitioner: Hugh Lawton Bartlett; Respondent: Ada Pearl Bartlett
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Full Court of the Supreme Court of New South Wales
Outcome
Appeal dismissed. The decision of the Full Court of the Supreme Court of New South Wales stands as the Court was equally divided.
Legal Topics
Divorce, Desertion, Restitution of Conjugal Rights, Cruelty
Family Law Divorce Desertion Restitution of Conjugal Rights Cruelty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Hugh Lawton Bartlett

Appellant; Petitioner

Ada Pearl Bartlett

Respondent

Procedural Posture

Appeal / On Appeal From the Full Court of the Supreme Court of New South Wales

Legal Issues

  1. 1 What constitutes compliance with a decree for restitution of conjugal rights under the Matrimonial Causes Act 1899 (N.S.W.)?
  2. 2 Whether acts of cruelty by the appellant justified the respondent in leaving the matrimonial home after returning pursuant to a decree for restitution of conjugal rights.
  3. 3 Whether refusal of sexual intercourse constitutes failure to comply with a decree for restitution of conjugal rights.

Ratio Decidendi

Where a spouse returns to the matrimonial home in purported compliance with a decree for restitution of conjugal rights and is then subjected to cruelty by the petitioner, such cruelty justifies her subsequent departure and precludes a decree for dissolution of marriage on the basis of desertion. The presence or absence of intention or affection is not determinative; rather, overt acts and conduct reflecting compliance are required. Persistent and unjustified cruelty by one spouse is a bar to relief by that spouse, notwithstanding prior technical non-compliance by the other.

Court Disposition

Appeal dismissed. The decision of the Full Court of the Supreme Court of New South Wales stands as the Court was equally divided.

Orders

  • Appeal dismissed in accordance with sec. 23(2)(a) of the Judiciary Act 1903-1932.