Gale v Gale [1952] HCA 59

Gale v Gale [1952] HCA 59

The husband acquiesced and connived in his wife's continuing adultery with a corrupt intention from March 1947, and by continuing cohabitation condoned the adultery committed prior to that date; after unreasonable delay, his claim for relief was properly dismissed.

Source-derived case information.

Parties
Appellant: Ralph Bernard Gale; Respondent: Ada Georgina Gale; Respondent: Lloyd Osmond
Jurisdiction
Australia
Judgment Date
03 November 1952
Procedural Posture
Divorce/dissolution of Marriage / Appeal From the Supreme Court of South Australia to the High Court
Outcome
appeal dismissed
Legal Topics
Adultery, Connivance, Condonation, Unreasonable Delay, Matrimonial Causes Act 1929 1941 (s.a.)
Family Law Adultery Connivance Condonation Unreasonable Delay Matrimonial Causes Act 1929 1941 (s.a.)

Source-derived case record

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Parties

Ralph Bernard Gale

Appellant

Ada Georgina Gale

Respondent

Lloyd Osmond

Respondent

Procedural Posture

Divorce/dissolution of Marriage / Appeal From the Supreme Court of South Australia to the High Court

Legal Issues

  1. 1 Whether the husband had connived at or condoned the wife's adultery so as to bar a decree of divorce
  2. 2 Whether the claim should be refused for unreasonable delay

Ratio Decidendi

The husband acquiesced and connived in his wife's continuing adultery with a corrupt intention from March 1947, and by continuing cohabitation condoned the adultery committed prior to that date; after unreasonable delay, his claim for relief was properly dismissed.

Court Disposition

appeal dismissed

Orders

  • Order of the Supreme Court of South Australia affirmed dismissing the husband's claim for divorce