NICHOLSON V. NICHOLSON

NICHOLSON V. NICHOLSON

A wilful or non-justifiable refusal to permit marital intercourse, if maintained continuously for three years, constitutes desertion within the meaning of the Matrimonial Causes Act 1919 and is a ground for divorce.

Parties
Appellant: Hicholson; Respondent: Nicholson
Jurisdiction
Australia
Judgment Date
26 February 1946
Procedural Posture
Appeal / High Court Appeal From Supreme Court of Tasmania Full Court
Outcome
appeal dismissed
Legal Topics
Divorce, Desertion, Marital Intercourse, Reason for Divorce
Family Law Divorce Desertion Marital Intercourse Reason for Divorce

Case Brief

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Parties

Hicholson

Appellant

Nicholson

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of Tasmania Full Court

Legal Issues

  1. 1 Whether the wife's refusal to permit marital intercourse amounted to desertion as defined in the Matrimonial Causes Act 1919
  2. 2 Whether the wife's attitude of refusal was maintained for the statutory period required for divorce

Ratio Decidendi

A wilful or non-justifiable refusal to permit marital intercourse, if maintained continuously for three years, constitutes desertion within the meaning of the Matrimonial Causes Act 1919 and is a ground for divorce.

Court Disposition

appeal dismissed

Orders

  • Order of the Full Court is affirmed
  • No order as to the costs of the appeal