Sharah v Sharah [1953] HCA 91

Sharah v Sharah [1953] HCA 91

Essential finding regarding appellant's intention to bring about a rupture in the matrimonial relation was not made by the trial judge. Without such a finding, the decree of dissolution cannot stand and a new trial is necessary to decide the issue satisfactorily.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; decree for dissolution set aside; new trial ordered; otherwise appeal dismissed.
Legal Topics
['matrimonial Causes' 'dissolution of Marriage' 'constructive Desertion']
['family Law'] ['matrimonial Causes' 'dissolution of Marriage' 'constructive Desertion']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the conduct of the appellant constituted constructive desertion justifying dissolution of marriage' 'Whether the required intention (animus) was sufficiently proved in cases of constructive desertion']

Ratio Decidendi

Essential finding regarding appellant's intention to bring about a rupture in the matrimonial relation was not made by the trial judge. Without such a finding, the decree of dissolution cannot stand and a new trial is necessary to decide the issue satisfactorily.

Court Disposition

Appeal allowed; decree for dissolution set aside; new trial ordered; otherwise appeal dismissed.

Orders

  • ['Decree in consolidated suits set aside so far as it pronounced that petitioner had sufficiently proved contents of her petition and dissolved the marriage on grounds of desertion.' 'Order a new trial of the suit instituted by the petitioner.' 'Otherwise appeal dismissed.']