White v White [1908] HCA 80

White v White [1908] HCA 80

Desertion can be established if the separation, initially justified as temporary by the husband's conduct, becomes permanent through the husband's subsequent actions and intention, such as absconding and withholding all communication, as was evidenced in this case.

Parties
Appellant; Petitioner: Evelyn Veronica White; Respondent: F. White
Jurisdiction
Australia
Judgment Date
02 December 1908
Procedural Posture
Appeal / Final Judgment of High Court
Outcome
appeal allowed; decree nisi for dissolution of marriage granted
Legal Topics
Divorce, Desertion, Dissolution of Marriage
Family Law Divorce Desertion Dissolution of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

Evelyn Veronica White

Appellant; Petitioner

F. White

Respondent

Procedural Posture

Appeal / Final Judgment of High Court

Legal Issues

  1. 1 Whether the husband's actions and subsequent conduct constituted desertion as a ground for dissolution of marriage

Ratio Decidendi

Desertion can be established if the separation, initially justified as temporary by the husband's conduct, becomes permanent through the husband's subsequent actions and intention, such as absconding and withholding all communication, as was evidenced in this case.

Court Disposition

appeal allowed; decree nisi for dissolution of marriage granted

Orders

  • Order appealed from discharged
  • Decree nisi for dissolution of marriage, returnable in six months