Gallichan v Gallichan (nee Maillard) [1965] JJ 513 (07 October 1965)

The court held that in divorce proceedings for cruelty, all incidents specifically alleged must be considered, but the court cannot take into account incidents not specifically pleaded.

Source-derived case information.

Citation: [1965] JJ 513
Parties: Applicant: Gallichan; Respondent: Gallichan (nee Maillard)
Jurisdiction: Jersey
Judgment Date: 07 October 1965
Procedural Posture: Divorce / Judgment
Legal Topics: Divorce, Cruelty, Pleadings

Family Law Divorce Cruelty Pleadings

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Gallichan

Applicant

Gallichan (nee Maillard)

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

1 Whether all incidents of cruelty must be considered in a divorce case
2 Whether the court can consider incidents not specifically pleaded

Ratio Decidendi

The court held that in divorce proceedings for cruelty, all incidents specifically alleged must be considered, but the court cannot take into account incidents not specifically pleaded.

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