HUTCHISON v. HUTCHISON [1908] ScotLR 122 (19 November 1908)

HUTCHISON v. HUTCHISON [1908] ScotLR 122 (19 November 1908)

A formal offer by the husband to receive back his wife in a separation action is sufficient to show that her absence is not approved by him, unless it is proven that the offer was not genuine or was later withdrawn. In the absence of such proof, the husband's willingness stands, and he is entitled to decree of divorce for desertion.

Citation
[1908] ScotLR 122
Parties
Pursuer (reclaimer): John Patterson Hutchison; Defender (respondent): Mrs Agnes Forrest Stevenson or Hutchison
Jurisdiction
Scotland
Judgment Date
19 November 1908
Procedural Posture
Divorce Action for Desertion / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed; decree of divorce granted to pursuer.
Legal Topics
Divorce, Desertion, Privy Remonstrance, Conjugal Rights (scotland) Act 1861
Family Law Divorce Desertion Privy Remonstrance Conjugal Rights (scotland) Act 1861

Case Brief

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Parties

John Patterson Hutchison

Pursuer (reclaimer)

Mrs Agnes Forrest Stevenson or Hutchison

Defender (respondent)

Procedural Posture

Divorce Action for Desertion / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a formal offer by the husband to receive back his wife in a prior separation action is sufficient to show non-acquiescence in her absence for the purposes of desertion and divorce.
  2. 2 Whether further evidence of willingness to resume cohabitation is required after a long lapse of time since the original offer.

Ratio Decidendi

A formal offer by the husband to receive back his wife in a separation action is sufficient to show that her absence is not approved by him, unless it is proven that the offer was not genuine or was later withdrawn. In the absence of such proof, the husband's willingness stands, and he is entitled to decree of divorce for desertion.

Court Disposition

Appeal allowed; decree of divorce granted to pursuer.

Orders

  • Interlocutor recalled.
  • Decree of divorce granted in favour of John Patterson Hutchison.