Jersey Judgment

Jervis v. McDermott [1963] JJ 289 (25 September 1963)

Family Law Divorce Desertion Constructive Desertion

Citation: [1963] JJ 289
Status: Judgment
Jurisdiction: Jersey
Posture: Divorce / Judgment

More details

Posture: Divorce / Judgment

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Professional case brief

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Source document

Holding and result

Unreasonable refusal to allow a deserting spouse to return constitutes constructive desertion by the refusing spouse.

Court disposition

Application granted

Material facts

Parties

Jervis

Applicant

McDermott

Respondent

Procedural history

Posture

Divorce / Judgment

Questions and positions

Legal issues

Whether unreasonable refusal to allow a deserting spouse to return constitutes constructive desertion

Party arguments

Applicant: Applicant contended that the respondent's refusal to allow return amounted to constructive desertion.
Respondent: Respondent likely argued that the refusal did not constitute constructive desertion.

Court’s reasoning

Legal principles

01
Jervis v. McDermott [1963] JJ 289

Unreasonable refusal to allow a deserting spouse to return makes the refusing spouse guilty of constructive desertion.

Ratio, limits and disposition

Ratio decidendi

Unreasonable refusal to allow a deserting spouse to return constitutes constructive desertion by the refusing spouse.

Court disposition

Application granted

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Judgment text

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Court record

Judgment

[1963] JJ 289

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BAILII >> Databases >> Jersey Law Reports >> Jervis v. McDermott [1963] JJ 289 (25 September 1963) URL: https://www.bailii.org/je/cases/JLR/1963/JLR630289.html Cite as: [1963] JJ 289 [ New search ] [ Help ] Jervis v. McDermott 1963 J. J. 289 (25 September 1963) Family Law-divorce-desertion-constructive desertion-unreasonable refusal to allow deserting spouse to return makes refusing spouse guilty of constructive desertion The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1963 J. J. 289 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1963/JLR630289.html

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