Thomson v Thomson [1907] ScotCS CSIH_10 (22 November 1907)

Thomson v Thomson [1907] ScotCS CSIH_10 (22 November 1907)

The husband's conduct did not amount to lenocinium as it fell short of active facilitation or positive concurrence in the adultery; suspicion and passive acquiescence in the circumstances were insufficient to bar the divorce claim.

Citation
[1907] ScotCS CSIH_10
Parties
Pursuer: Thomson; Defender: Thomson
Jurisdiction
Scotland
Judgment Date
22 November 1907
Procedural Posture
Divorce Action / Appeal (reclaiming Note) From Outer House to Inner House
Outcome
Decree of divorce granted; plea of lenocinium rejected.
Legal Topics
Divorce, Adultery, Lenocinium (connivance)
Family Law Divorce Adultery Lenocinium (connivance)

Case Brief

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Parties

Thomson

Pursuer

Thomson

Defender

Procedural Posture

Divorce Action / Appeal (reclaiming Note) From Outer House to Inner House

Legal Issues

  1. 1 Whether the husband's conduct amounted to lenocinium (connivance) so as to bar his claim for divorce on the ground of the wife's adultery

Ratio Decidendi

The husband's conduct did not amount to lenocinium as it fell short of active facilitation or positive concurrence in the adultery; suspicion and passive acquiescence in the circumstances were insufficient to bar the divorce claim.

Court Disposition

Decree of divorce granted; plea of lenocinium rejected.

Orders

  • Divorce granted to pursuer.
  • Reclaimer (wife) allowed expenses of reclaiming note as the case was fair to bring before the court.