The wife had been convicted of treason, and imprisoned. The husband claimed constructive desertion:
Held: A marriage partner’s criminal conduct can amount to constructive desertion if that conduct ‘strikes at the roots of the matrimonial relationship.’ Sachs J said: ‘The fact that she had incurred that conviction was, however, relied on as also being a ground upon which she was guilty of constructive desertion. That her conduct in incurring the conviction would, if it became known, render a joint life with him in the matrimonial home at Portsmouth impracticable, was something which in my view was not merely obvious but was something which, as above indicated, was well appreciated by her.’
Judges:
Sachs J
Citations:
[1956] P 390
Jurisdiction:
England and Wales
Cited by:
Cited – Secretary of State for Work and Pensions v W CA 18-May-2005
The claimant had been married with children. Her husband was accused of abuse of the children, and bailed to live away from home, and then convicted and imprisoned. The claimant applied for income support on the basis that she had been abandoned . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 30 April 2022; Ref: scu.226121
