Bradford v Bradford [1908] HCA 82
The wife's uncommunicated relief at her husband's departure did not amount to consent; therefore, the husband's leaving the marriage and non-contact constituted desertion under the Act.
- Parties
- Appellant: Bradford; Respondent: Bradford
- Jurisdiction
- Australia
- Judgment Date
- 10 December 1908
- Procedural Posture
- Appeal / On Appeal From Supreme Court of New South Wales
- Outcome
- Appeal allowed
- Legal Topics
- Matrimonial Causes, Divorce, Desertion, Consent in Divorce Proceedings
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 8 Party arguments 2
Parties
Bradford
Appellant
Bradford
Respondent
Procedural Posture
Appeal / On Appeal From Supreme Court of New South Wales
Legal Issues
- 1 Whether the wife's private acquiescence or relief at separation amounts to consent to the husband's desertion under the Matrimonial Causes Act 1899 (N.S.W.), sec. 16(a).
Ratio Decidendi
The wife's uncommunicated relief at her husband's departure did not amount to consent; therefore, the husband's leaving the marriage and non-contact constituted desertion under the Act.
Court Disposition
Appeal allowed
Orders
- Order appealed from discharged
- Decree nisi for dissolution returnable in six months
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment