Davey v Marks [1972] JJ 2029 (15 March 1972)
- Citation
- [1972] JJ 2029
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Divorce / Judgment
More details
- Posture
- Divorce / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The husband's violence and absence due to imprisonment for violence may be conduct conducing to the wife's adultery.
Court disposition
adultery established; husband's conduct considered relevant
02
Material facts
Parties
Davey
HusbandMarks
Wife03
Procedural history
Posture
Divorce / Judgment
04
Questions and positions
Legal issues
Whether the husband's violence and imprisonment for violence constitutes conduct conducing to the wife's adultery
Party arguments
- Applicant
- The husband's violence and absence due to imprisonment contributed to the wife's adultery.
- Respondent
- The wife's adultery was not caused by the husband's conduct.
05
Court’s reasoning
Legal principles
- 01
Davey v Marks [1972] JJ 2029
Conduct of one spouse, such as violence and imprisonment, may be considered as conducing to the other spouse's adultery.
06
Ratio, limits and disposition
Ratio decidendi
The husband's violence and absence due to imprisonment for violence may be conduct conducing to the wife's adultery.
Court disposition
adultery established; husband's conduct considered relevant
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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