Donnelly v Donnelly [1939] HCA 16

Donnelly v Donnelly [1939] HCA 16

Based on the findings of fact, the husband's behaviour—including an illicit infatuation with a sixteen-year-old girl, lack of support for his wife, gambling, drinking, an attempt to have sexual relations with the girl, and a proposal that wife and girl live with him as wives—was such that a self-respecting woman would be morally coerced into withdrawing from the matrimonial relationship, amounting to constructive desertion.

Parties
Appellant/petitioner: Violet Olive Donnelly; Respondent: William Donnelly
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
Appeal allowed. Order of the Supreme Court of Victoria set aside. Decree nisi granted.
Legal Topics
Divorce, Desertion, Constructive Desertion
Family Law Divorce Desertion Constructive Desertion

Case Brief

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Parties

Violet Olive Donnelly

Appellant/petitioner

William Donnelly

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether the conduct of the husband constituted constructive desertion under section 75(a) of the Marriage Act 1928 (Vict.).

Ratio Decidendi

Based on the findings of fact, the husband's behaviour—including an illicit infatuation with a sixteen-year-old girl, lack of support for his wife, gambling, drinking, an attempt to have sexual relations with the girl, and a proposal that wife and girl live with him as wives—was such that a self-respecting woman would be morally coerced into withdrawing from the matrimonial relationship, amounting to constructive desertion.

Court Disposition

Appeal allowed. Order of the Supreme Court of Victoria set aside. Decree nisi granted.

Orders

  • Order of the Supreme Court of Victoria set aside
  • Decree nisi granted