Woodlands v Clara Woodlands [1924] HCA 47

Woodlands v Clara Woodlands [1924] HCA 47

The court affirmed that a genuine wish and willingness to resume conjugal rights is essential; where the petition is not made in good faith, but solely as a prelude to dissolution, the suit must be dismissed.

Parties
Appellant; Petitioner: Arthur Douglas Woodlands; Respondent: Clara Woodlands
Jurisdiction
Australia
Judgment Date
21 November 1924
Procedural Posture
Appeal / High Court of Australia on Appeal From Full Court, Supreme Court of New South Wales
Outcome
Appeal dismissed
Legal Topics
Restitution of Conjugal Rights, Sincerity of Petitioner, Matrimonial Causes Act 1899 (n.s.w.)
Family Law Restitution of Conjugal Rights Sincerity of Petitioner Matrimonial Causes Act 1899 (n.s.w.)

Case Brief

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Parties

Arthur Douglas Woodlands

Appellant; Petitioner

Clara Woodlands

Respondent

Procedural Posture

Appeal / High Court of Australia on Appeal From Full Court, Supreme Court of New South Wales

Legal Issues

  1. 1 Whether a sincere desire and willingness to resume conjugal rights is required for restitution of conjugal rights under the Matrimonial Causes Act 1899 (N.S.W.)

Ratio Decidendi

The court affirmed that a genuine wish and willingness to resume conjugal rights is essential; where the petition is not made in good faith, but solely as a prelude to dissolution, the suit must be dismissed.

Court Disposition

Appeal dismissed