COOKE V. COOKE 40/1943
The evidence did not establish that the husband had abandoned the matrimonial relationship prior to June 1943, and accordingly desertion had not been proven at an earlier date. The appeal was dismissed based on this finding.
- Parties
- Appellant: Cooke; Respondent: Cooke
- Jurisdiction
- Australia
- Judgment Date
- 26 October 1943
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Divorce, Desertion
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 5 Party arguments 2
Parties
Cooke
Appellant
Cooke
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the evidence establishes desertion by the husband sufficient to grant a decree for divorce
Ratio Decidendi
The evidence did not establish that the husband had abandoned the matrimonial relationship prior to June 1943, and accordingly desertion had not been proven at an earlier date. The appeal was dismissed based on this finding.
Court Disposition
appeal dismissed
Orders
- The wife should have the costs of the appeal
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