Hunter v. Hunter [1900] ScotLR 37_537 (15 March 1900)

Hunter v. Hunter [1900] ScotLR 37_537 (15 March 1900)

The pursuer's own averments disclosed that she had no reasonable grounds for believing her husband to be dead when she contracted her second marriage. Her subsequent marriage and cohabitation with another man, even if in good faith, constituted adultery in law and provided a sufficient and reasonable cause for her husband's non-adherence. Therefore, she was barred from seeking divorce for desertion.

Citation
[1900] ScotLR 37_537
Parties
Pursuer: Mrs Isabella Campbell or Hunter; Defender: William Hunter
Jurisdiction
Scotland
Judgment Date
15 March 1900
Procedural Posture
Divorce for Desertion / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
action dismissed; interlocutor of Lord Ordinary affirmed
Legal Topics
Divorce, Desertion, Adultery, Bigamy, Reasonable Belief of Death, Second Marriage
Family Law Divorce Desertion Adultery Bigamy Reasonable Belief of Death Second Marriage

Case Brief

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Parties

Mrs Isabella Campbell or Hunter

Pursuer

William Hunter

Defender

Procedural Posture

Divorce for Desertion / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Whether a wife can obtain divorce for desertion when she has remarried in the bona fide belief her husband was dead, but without reasonable grounds for that belief
  2. 2 Whether the second marriage constitutes adultery and bars the action for divorce

Ratio Decidendi

The pursuer's own averments disclosed that she had no reasonable grounds for believing her husband to be dead when she contracted her second marriage. Her subsequent marriage and cohabitation with another man, even if in good faith, constituted adultery in law and provided a sufficient and reasonable cause for her husband's non-adherence. Therefore, she was barred from seeking divorce for desertion.

Court Disposition

action dismissed; interlocutor of Lord Ordinary affirmed

Orders

  • Action of divorce dismissed as irrelevant; no decree of divorce granted.