Jersey Judgment

Perkins v Perkins [1987] JLR 372 (16 December 1987)

Family Law Divorce Cruelty

Citation: [1987] JLR 372
Status: Judgment
Jurisdiction: Jersey
Posture: Divorce / Judgment

More details

Posture: Divorce / Judgment

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Holding and result

Cruelty, as a ground for divorce, requires misconduct of a grave and weighty nature causing real or reasonable apprehension of injury to health, regardless of intention.

Material facts

Parties

Perkins

Applicant

Perkins

Respondent

Procedural history

Posture

Divorce / Judgment

Questions and positions

Legal issues

01
Meaning of cruelty in divorce proceedings
02
Standard for establishing cruelty

Party arguments

Applicant: Alleged cruelty by the respondent, seeking divorce on this ground.
Respondent: Disputes the allegation of cruelty or its sufficiency for divorce.

Court’s reasoning

Legal principles

01
[1987] JLR 372

Cruelty in divorce law is to be given its ordinary meaning and must be misconduct of a grave and weighty nature causing real or reasonable apprehension of injury to health, irrespective of actual or presumed intention to hurt.

Ratio, limits and disposition

Ratio decidendi

Cruelty, as a ground for divorce, requires misconduct of a grave and weighty nature causing real or reasonable apprehension of injury to health, regardless of intention.

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Judgment

[1987] JLR 372

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