Labacianskas v Labacianskas [1949] ScotCS CSIH_2 (15 February 1949)

Labacianskas v Labacianskas [1949] ScotCS CSIH_2 (15 February 1949)

The evidence was insufficient to establish that the husband had abandoned his Scottish domicile of choice at the date he was last heard of; the presumption of continuance of domicile applies, and the burden of proving abandonment was not discharged. Therefore, the Scottish court had jurisdiction to grant the dissolution of marriage.

Citation
[1949] ScotCS CSIH_2
Parties
Petitioner: Labacianskas; Respondent: Labacianskas
Jurisdiction
Scotland
Judgment Date
15 February 1949
Procedural Posture
Petition for Dissolution of Marriage / Appeal (reclaiming Motion) Before the First Division
Outcome
petition granted; Lord Ordinary's decision reversed
Legal Topics
Domicile, Presumption of Death, Divorce Jurisdiction
Family Law Private International Law Domicile Presumption of Death Divorce Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Labacianskas

Petitioner

Labacianskas

Respondent

Procedural Posture

Petition for Dissolution of Marriage / Appeal (reclaiming Motion) Before the First Division

Legal Issues

  1. 1 Whether the petitioner's husband had abandoned his Scottish domicile of choice prior to his disappearance
  2. 2 Whether the Scottish court had jurisdiction to entertain the petition for dissolution of marriage based on the husband's domicile at the relevant date

Ratio Decidendi

The evidence was insufficient to establish that the husband had abandoned his Scottish domicile of choice at the date he was last heard of; the presumption of continuance of domicile applies, and the burden of proving abandonment was not discharged. Therefore, the Scottish court had jurisdiction to grant the dissolution of marriage.

Court Disposition

petition granted; Lord Ordinary's decision reversed

Orders

  • Decree of dissolution of marriage granted