Forbes v. Forbes [1900] ScotLR 37_735 (05 June 1900)

Forbes v. Forbes [1900] ScotLR 37_735 (05 June 1900)

The defender's offer to resume cohabitation, being conditional on not explaining her twenty-year absence, was not a reasonable offer of adherence and did not constitute a valid defence to the pursuer's action for divorce based on desertion.

Citation
[1900] ScotLR 37_735
Parties
Pursuer: Forbes; Defender: Forbes
Jurisdiction
Scotland
Judgment Date
05 June 1900
Procedural Posture
Divorce Action / Judgment at First Instance (outer House)
Outcome
decree of divorce granted
Legal Topics
Divorce, Desertion, Conditional Offer to Resume Cohabitation, Conjugal Rights (scotland) Amendment Act 1861
Family Law Divorce Desertion Conditional Offer to Resume Cohabitation Conjugal Rights (scotland) Amendment Act 1861

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Parties

Forbes

Pursuer

Forbes

Defender

Procedural Posture

Divorce Action / Judgment at First Instance (outer House)

Legal Issues

  1. 1 Whether a conditional offer by a deserting spouse to resume cohabitation, without explanation for long absence, constitutes a valid defence to divorce for desertion
  2. 2 Whether the pursuer was entitled to a decree of divorce under the Conjugal Rights (Scotland) Amendment Act 1861

Ratio Decidendi

The defender's offer to resume cohabitation, being conditional on not explaining her twenty-year absence, was not a reasonable offer of adherence and did not constitute a valid defence to the pursuer's action for divorce based on desertion.

Court Disposition

decree of divorce granted

Orders

  • Decree of divorce granted in favour of the pursuer.