Main v Main [1949] HCA 39

Main v Main [1949] HCA 39

Where spouses have lived separately and apart for at least five years and it is unlikely cohabitation will be resumed, s. 69(6) applies regardless of whether the separation is due to mutual consent or external circumstances; judicial discretion to refuse a decree must be exercised judicially, but in the present case, no grounds exist for refusal.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
['dissolution of Marriage' 'grounds for Divorce' 'judicial Discretion']
['family Law'] ['dissolution of Marriage' 'grounds for Divorce' 'judicial Discretion']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the facts fall within the provision for dissolution of marriage under s. 69(6) of the Supreme Court Act 1935-1947 W.A.' 'Whether relief should be refused as a matter of discretion.']

Ratio Decidendi

Where spouses have lived separately and apart for at least five years and it is unlikely cohabitation will be resumed, s. 69(6) applies regardless of whether the separation is due to mutual consent or external circumstances; judicial discretion to refuse a decree must be exercised judicially, but in the present case, no grounds exist for refusal.

Court Disposition

appeal allowed

Orders

  • ['Orders of the Full Court and of Wolff J. discharged.' 'Decree nisi for dissolution of marriage; decree not to be made absolute until after the expiration of six months from the pronouncing of this judgment.' 'Petitioner to lodge an office copy of the order of this Court with the Registrar of the Supreme Court of...