Hunter v Hunter [1900] ScotCS CSOH_1 (15 March 1900)

Hunter v Hunter [1900] ScotCS CSOH_1 (15 March 1900)

A wife who remarries and cohabits with another man on the basis of an unsubstantiated rumour of her husband's death, without reasonable and probable grounds, is deemed to have committed adultery and cannot obtain divorce on the ground of desertion or non-adherence by her husband.

Citation
[1900] ScotCS CSOH_1
Parties
Pursuer: Hunter; Defender: Hunter
Jurisdiction
Scotland
Judgment Date
15 March 1900
Procedural Posture
Divorce Action / Appeal From Lord Ordinary's Interlocutor
Outcome
action dismissed; Lord Ordinary's interlocutor affirmed
Legal Topics
Divorce, Desertion, Adultery, Remarriage on Presumption of Death
Family Law Divorce Desertion Adultery Remarriage on Presumption of Death

Case Brief

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Parties

Hunter

Pursuer

Hunter

Defender

Procedural Posture

Divorce Action / Appeal From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a wife who remarried on the basis of an unsubstantiated rumour of her husband's death can sue for divorce on grounds of desertion
  2. 2 Whether her subsequent cohabitation constitutes adultery disentitling her to divorce

Ratio Decidendi

A wife who remarries and cohabits with another man on the basis of an unsubstantiated rumour of her husband's death, without reasonable and probable grounds, is deemed to have committed adultery and cannot obtain divorce on the ground of desertion or non-adherence by her husband.

Court Disposition

action dismissed; Lord Ordinary's interlocutor affirmed

Orders

  • Action for divorce dismissed
  • Lord Ordinary's interlocutor affirmed