It is the intention of the deserting party which establishes desertion, and that the intention permanently to end a relationship can be readily inferred. Where a husband’s conduct towards his wife was such that a reasonable man would know, and that the husband must have known, that in all probability it would result in the departure of the wife from the matrimonial home, that, in the absence of rebutting evidence, was sufficient proof of an intention on his part to disrupt the home, and the fact that he nevertheless desired or requested her to stay did not rebut the intention to be inferred from his acts – that he intended to drive her out – and he was guilty of constructive desertion.
Citations:
[1955] AC 402, [1954] 3 All ER 571
Jurisdiction:
Commonwealth
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.226123