The court discussed the doctrine of constructive desertion in family law: ‘In most cases of desertion the guilty party actually leaves the other but it is not always or necessarily the guilty party who leaves the matrimonial home. In my opinion, the party who intends bringing the cohabitation to an end, and whose conduct in reality causes its termination, commits the act of desertion. There is no substantial difference between the case of a husband who intends to put an end to the state of cohabitation, and does so by leaving his wife, and that of a husband who with the like intent obliges his wife to separate from him.’
Judges:
Gorell Barnes J
Citations:
[1899] P 272
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 . .
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.226119
