Thomson v Thomson [1953] HCA 45

Thomson v Thomson [1953] HCA 45

The appellant failed to prove that the respondent maintained the animus deserendi for a continuous period of three years prior to the filing of the petition, as the facts indicated that the respondent returned to the home with the intention of resuming her role as wife and mother. Thus, the continuous period of desertion could not be established.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['divorce' 'desertion' 'cohabitation' 'onus of Proof']
['family Law'] ['divorce' 'desertion' 'cohabitation' 'onus of Proof']

Case Brief

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Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 ['Whether the respondent wilfully deserted the appellant for a continuous period of three years and upwards without just cause or excuse' 'Whether the return and cohabitation of the respondent in August 1947 terminated the alleged period of desertion' 'Who bears the onus of proof for the continuance of the elements of desertion']

Ratio Decidendi

The appellant failed to prove that the respondent maintained the animus deserendi for a continuous period of three years prior to the filing of the petition, as the facts indicated that the respondent returned to the home with the intention of resuming her role as wife and mother. Thus, the continuous period of desertion could not be established.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']