White v White [1966] ScotCS CSIH_1 (02 June 1966)

A single act of gross indecency by the husband, though not involving a child of the marriage or occurring in the matrimonial home, was sufficiently grave and weighty, directly affected the matrimonial relationship, and caused injury to the wife's health and revulsion, thereby constituting legal cruelty and entitling the wife to divorce.

Citation: [1966] ScotCS CSIH_1
Parties: Pursuer (wife): White; Defender (husband): White
Jurisdiction: Scotland
Judgment Date: 02 June 1966
Procedural Posture: Divorce Action (family Law) / Appeal (reclaiming Motion) Before Inner House, After Proof and Additional Evidence
Outcome: Appeal allowed; interlocutor of Lord Ordinary recalled; decree of divorce granted in favour of pursuer.
Legal Topics: Divorce, Cruelty as Ground for Divorce, Effect of Criminal Conduct on Matrimonial Relationship

Family Law Divorce Cruelty as Ground for Divorce Effect of Criminal Conduct on Matrimonial Relationship

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Parties

White

Pursuer (wife)

White

Defender (husband)

Procedural Posture

Divorce Action (family Law) / Appeal (reclaiming Motion) Before Inner House, After Proof and Additional Evidence

Legal Issues

1 Whether a single act of gross indecency by the husband with another man constitutes cruelty in law justifying divorce
2 Whether the conduct caused danger to the pursuer's health or a reasonable apprehension of such danger

Ratio Decidendi

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; decree of divorce granted in favour of pursuer.

Orders

Recall of Lord Ordinary's interlocutor
Grant of decree of divorce to pursuer