M'Ewan v. M'Ewan [1908] ScotLR 923 (17 July 1908)

M'Ewan v. M'Ewan [1908] ScotLR 923 (17 July 1908)

The defender did not have reasonable cause for remaining apart from her husband; her action for separation and aliment did not interrupt the statutory period of desertion; temporary friendly relations and arrangements regarding the child did not amount to adherence; and the pursuer sufficiently expressed his desire for her return. Therefore, the statutory period of desertion ran uninterrupted, entitling the pursuer to decree of divorce.

Citation
[1908] ScotLR 923
Parties
Pursuer (husband): Thomas M'Ewan; Defender (wife): Mrs Jessie Prentice Jones or M'Ewan
Jurisdiction
Scotland
Judgment Date
17 July 1908
Procedural Posture
Divorce Action for Desertion / Inner House, First Division, Court of Session (appeal/reclaiming Motion)
Outcome
Decree of divorce granted in favour of the pursuer (husband).
Legal Topics
Divorce, Desertion, Reasonable Cause, Separation and Aliment, Statutory Period, Custody of Child
Family Law Divorce Desertion Reasonable Cause Separation and Aliment Statutory Period Custody of Child

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Parties

Thomas M'Ewan

Pursuer (husband)

Mrs Jessie Prentice Jones or M'Ewan

Defender (wife)

Procedural Posture

Divorce Action for Desertion / Inner House, First Division, Court of Session (appeal/reclaiming Motion)

Legal Issues

  1. 1 Whether the defender (wife) had 'reasonable cause' for remaining apart from her husband so as to prevent a finding of desertion under Act 1573, c. 55.
  2. 2 Whether the statutory period of desertion was interrupted by the defender's action for separation and aliment or by periods of friendly relations or temporary arrangements regarding the child.
  3. 3 Whether the pursuer (husband) fulfilled his duty to attempt reconciliation and request the defender's return.

Ratio Decidendi

The defender did not have reasonable cause for remaining apart from her husband; her action for separation and aliment did not interrupt the statutory period of desertion; temporary friendly relations and arrangements regarding the child did not amount to adherence; and the pursuer sufficiently expressed his desire for her return. Therefore, the statutory period of desertion ran uninterrupted, entitling the pursuer to decree of divorce.

Court Disposition

Decree of divorce granted in favour of the pursuer (husband).

Orders

  • Decree of divorce pronounced.
  • No interruption of statutory period found due to separation action or temporary arrangements.