Hunter v Hunter [1915] HCA 52
Under sec. 60 of the Matrimonial Causes Act 1899, a husband who has obtained a decree nisi for dissolution of marriage by reason of his wife's failure to comply with a decree for restitution of conjugal rights may be ordered to make payments for the maintenance of the children whose custody has been given to the respondent wife.
- Parties
- Appellant: Isaac Haddon Hunter; Respondent: Emily Hunter
- Jurisdiction
- Australia
- Judgment Date
- 12 August 1915
- Procedural Posture
- Application for Special Leave to Appeal / Application Refused
- Outcome
- application for special leave to appeal refused
- Legal Topics
- Divorce, Maintenance of Children, Custody
Case Brief
Summary, issues, holding and outcome
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Parties
Isaac Haddon Hunter
Appellant
Emily Hunter
Respondent
Procedural Posture
Application for Special Leave to Appeal / Application Refused
Legal Issues
- 1 Whether a husband may be ordered to pay maintenance for children in the custody of his wife after obtaining a decree nisi for dissolution of marriage, where the wife had not complied with a prior decree for restitution of conjugal rights
Ratio Decidendi
Under sec. 60 of the Matrimonial Causes Act 1899, a husband who has obtained a decree nisi for dissolution of marriage by reason of his wife's failure to comply with a decree for restitution of conjugal rights may be ordered to make payments for the maintenance of the children whose custody has been given to the respondent wife.
Court Disposition
application for special leave to appeal refused
Orders
- Special leave to appeal refused
- Order that husband pay 7s 6d per week for maintenance of each child until age fifteen
Full Case Text
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