Divorce-Constructive desertion-Pleadings-Conduct not amounting to cruelty Neglect of wife-Not justification to leave husband nor grounds for divorce.
Case summary
A wife petitioned for divorce on the grounds of desertion—it was undefended. She alleged that it was necessary to leave the husband as he neglected her, and on occasion used abusive language. This affected her nerves but did not seriously impair her health, and she did not plead cruelty. During the triennium, maintenance proceedings were instituted but proved abortive. The petition was dismissed.
Held (13-7-56):
That constructive desertion should be pleaded by setting forth the conduct leading to the walk-out and then stating that this conduct evinced an intention to bring cohabitation to an end.
That neglect not amounting to legal cruelty does not entitle a wife to leave the matrimonial home and treat her absence as constructive desertion by the husband. Buchler v. Buchler, (1947) P. 25 and (1947) 1 A.E.R. 319 followed; also Kaufman v. Kaufman, 23 Part II K.R.L. 52.
Cases cited:
D.P.P. v. Beard, (1920) A.C. 479; Waters v. Waters, (1956) 1 A.E.R. 432; Dixon v. Dixon, (1953) 1 A.E.R. 910; Pike v. Pike, (1953) 1 A.E.R. 232; Timmins v. Timmins, (1953) 2 A.E.R. 187; Russell v. Russell, (1895) P. 315; Edwards v. Edwards, (1949) 2 A.E.R. 145; Yeatman v. Yeatman, (1896) L.R. 1 P. & D. 489; Lewis v. Lewis, (1955) 3 A.E.R. 598; Edwards v. Edwards, (1948) 1 A.E.R. 157; Lang v. Lang, (1954) 3 A.E.R. 571.
