Hall v Hall [1917] HCA 6

Hall v Hall [1917] HCA 6

The husband's refusal to accept his wife's illegitimate child into his home was not a wrongful act or sufficient cause to justify the wife's refusal to return to him; thus, her refusal amounted to desertion without just cause or excuse under section 122 of the Marriage Act 1915 (Vic).

Parties
Petitioner: Arthur Thomas Hall; Respondent: Jessie Hall
Jurisdiction
Australia
Judgment Date
14 March 1917
Procedural Posture
Appeal / Final Judgment (appeal Decision)
Outcome
appeal allowed; decree nisi for dissolution of marriage granted
Legal Topics
Divorce, Desertion, Illegitimate Child, Grounds for Dissolution of Marriage
Family Law Divorce Desertion Illegitimate Child Grounds for Dissolution of Marriage

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Parties

Arthur Thomas Hall

Petitioner

Jessie Hall

Respondent

Procedural Posture

Appeal / Final Judgment (appeal Decision)

Legal Issues

  1. 1 Whether a husband's refusal to accept his wife's illegitimate child into his home constitutes just cause or excuse for the wife's refusal to return to him.
  2. 2 Whether such refusal constitutes desertion under section 122 of the Marriage Act 1915 (Vic).

Ratio Decidendi

The husband's refusal to accept his wife's illegitimate child into his home was not a wrongful act or sufficient cause to justify the wife's refusal to return to him; thus, her refusal amounted to desertion without just cause or excuse under section 122 of the Marriage Act 1915 (Vic).

Court Disposition

appeal allowed; decree nisi for dissolution of marriage granted

Orders

  • Decree nisi for dissolution of marriage.