Edgar v. Edgar [1902] ScotLR 39_424 (06 March 1902)

Edgar v. Edgar [1902] ScotLR 39_424 (06 March 1902)

The Court found that adultery was proved and that condonation was not established, as there was no sufficient evidence of forgiveness or resumption of marital relations after the pursuer became aware of the adultery. The defender was only allowed to return out of necessity, not as an act of forgiveness.

Citation
[1902] ScotLR 39_424
Parties
Pursuer: John Edgar; Defender: Mrs Eleanor Ross or Edgar
Jurisdiction
Scotland
Judgment Date
06 March 1902
Procedural Posture
Divorce Action / Appeal (reclaiming Motion) From Decree of Divorce
Outcome
Appeal dismissed; decree of divorce adhered to
Legal Topics
Divorce, Adultery, Condonation
Family Law Divorce Adultery Condonation

Case Brief

Summary, issues, holding and outcome

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Parties

John Edgar

Pursuer

Mrs Eleanor Ross or Edgar

Defender

Procedural Posture

Divorce Action / Appeal (reclaiming Motion) From Decree of Divorce

Legal Issues

  1. 1 Whether the defender committed adultery
  2. 2 Whether the pursuer's conduct amounted to condonation of adultery

Ratio Decidendi

The Court found that adultery was proved and that condonation was not established, as there was no sufficient evidence of forgiveness or resumption of marital relations after the pursuer became aware of the adultery. The defender was only allowed to return out of necessity, not as an act of forgiveness.

Court Disposition

Appeal dismissed; decree of divorce adhered to

Orders

  • Decree of divorce granted in favour of the pursuer
  • Defender's plea of condonation rejected