Lang v Lang [1953] HCA 1

Lang v Lang [1953] HCA 1

The husband's recurrent physical force, intimidation, insults and ill-treatment made the wife's life intolerable and demonstrated an intention to persist in conduct which any reasonable person would regard as calculated to rupture the matrimonial relationship. The wife's physical withdrawal therefore amounted to constructive desertion by the husband, and his later offers did not terminate the desertion because they lacked repentance, contrition or promise of reform and her refusal of them was reasonable.

Jurisdiction
Australia
Procedural Posture
Appeal in Divorce Proceedings / Appeal From a Decree Nisi Pronounced by the Acting Chief Justice of Victoria
Outcome
Appeal dismissed with costs.
Legal Topics
['divorce' 'desertion' 'constructive Desertion' 'reconciliation']
['family Law'] ['divorce' 'desertion' 'constructive Desertion' 'reconciliation']

Case Brief

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Procedural Posture

Appeal in Divorce Proceedings / Appeal From a Decree Nisi Pronounced by the Acting Chief Justice of Victoria

Legal Issues

  1. 1 ["Whether the husband's conduct amounted to constructive desertion requiring physical separation and the requisite intention." "Whether the husband's offers of reconciliation terminated any desertion."]

Ratio Decidendi

The husband's recurrent physical force, intimidation, insults and ill-treatment made the wife's life intolerable and demonstrated an intention to persist in conduct which any reasonable person would regard as calculated to rupture the matrimonial relationship. The wife's physical withdrawal therefore amounted to constructive desertion by the husband, and his later offers did not terminate the desertion because they lacked repentance, contrition or promise of reform and her refusal of them was reasonable.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']