Mulherron v. Mulherron [1923] ScotLR 285 (09 February 1923)

Mulherron v. Mulherron [1923] ScotLR 285 (09 February 1923)

The pursuer did not acquiesce in the defender's desertion; remonstrance was not required in the circumstances as it would have been futile. The defender's conduct constituted wilful and malicious desertion for the statutory period, entitling the pursuer to decree of divorce.

Citation
[1923] ScotLR 285
Parties
Pursuer: Grace Lumsden Leitch or Mulherron; Defender: Michael John Mulherron
Jurisdiction
Scotland
Judgment Date
09 February 1923
Procedural Posture
Divorce Action / Appeal (reclaiming Note) From Lord Ordinary's Dismissal
Outcome
Decree of divorce granted; interlocutor of Lord Ordinary recalled.
Legal Topics
Divorce, Desertion, Acquiescence, Remonstrance, Judicial Separation
Family Law Divorce Desertion Acquiescence Remonstrance Judicial Separation

Case Brief

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Parties

Grace Lumsden Leitch or Mulherron

Pursuer

Michael John Mulherron

Defender

Procedural Posture

Divorce Action / Appeal (reclaiming Note) From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Whether the pursuer acquiesced in the defender's desertion, thereby precluding divorce.
  2. 2 Whether remonstrance by the deserted spouse is essential to establish desertion for divorce.

Ratio Decidendi

The pursuer did not acquiesce in the defender's desertion; remonstrance was not required in the circumstances as it would have been futile. The defender's conduct constituted wilful and malicious desertion for the statutory period, entitling the pursuer to decree of divorce.

Court Disposition

Decree of divorce granted; interlocutor of Lord Ordinary recalled.

Orders

  • Interlocutor of Lord Ordinary recalled.
  • Decree of divorce granted in favour of the pursuer.