MORRIS V. MORRIS

MORRIS V. MORRIS

On the evidence, there was not sufficient proof that the wife had deserted her husband for three years prior to the petition. Despite her inattentiveness and lack of fulfilment of matrimonial duties, there was no demonstration of intention on her part to abandon the marital relationship in the required sense. Therefore, the ground for divorce was not met.

Parties
Appellant: Morris; Respondent: Morris
Jurisdiction
Australia
Judgment Date
08 August 1945
Procedural Posture
Appeal / Reasons for Judgment
Outcome
appeal dismissed
Legal Topics
Divorce, Wilful Desertion, Matrimonial Relationship
Family Law Divorce Wilful Desertion Matrimonial Relationship

Case Brief

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Parties

Morris

Appellant

Morris

Respondent

Procedural Posture

Appeal / Reasons for Judgment

Legal Issues

  1. 1 Whether the conduct of the wife amounted to wilful desertion for three years prior to the presentation of the petition under the applicable divorce law.

Ratio Decidendi

On the evidence, there was not sufficient proof that the wife had deserted her husband for three years prior to the petition. Despite her inattentiveness and lack of fulfilment of matrimonial duties, there was no demonstration of intention on her part to abandon the marital relationship in the required sense. Therefore, the ground for divorce was not met.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.