MONAHAN V. MONAHAN
The trial judge, having reviewed all the evidence including the conduct of the parties and absence of observable signs of intercourse, was not reasonably satisfied that adultery had occurred, and this finding should not be disturbed on appeal.
- Parties
- Appellant: Monahan; Respondent: Monahan
- Jurisdiction
- Australia
- Judgment Date
- 11 October 1963
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Dissolution of Marriage, Adultery, Onus of Proof
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Monahan
Appellant
Monahan
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge erred in finding that adultery was not established on the evidence and dismissing the petition for dissolution of marriage on that ground
Ratio Decidendi
The trial judge, having reviewed all the evidence including the conduct of the parties and absence of observable signs of intercourse, was not reasonably satisfied that adultery had occurred, and this finding should not be disturbed on appeal.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment