Evans v. Roberts [1961] JJ 131 (20 July 1961)

Evans v. Roberts [1961] JJ 131 (20 July 1961)

A single act of sexual intercourse is not conclusive evidence of condonation; the real test is whether there has been reconciliation and resumption of a normal marital relationship.

Citation
[1961] JJ 131
Parties
Applicant: Evans; Respondent: Roberts
Jurisdiction
Jersey
Judgment Date
20 July 1961
Procedural Posture
Family Law / Judgment
Outcome
Judicial separation not precluded by single act of intercourse; condonation not established.
Legal Topics
Judicial Separation, Condonation, Reconciliation
Family Law Judicial Separation Condonation Reconciliation

Case Brief

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Parties

Evans

Applicant

Roberts

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 Whether a single act of sexual intercourse constitutes condonation in judicial separation proceedings
  2. 2 Whether continued cohabitation is conclusive proof of reconciliation

Ratio Decidendi

A single act of sexual intercourse is not conclusive evidence of condonation; the real test is whether there has been reconciliation and resumption of a normal marital relationship.

Court Disposition

Judicial separation not precluded by single act of intercourse; condonation not established.