Bush J heard a defended divorce petion sand said: ‘Conduct of a respondent could not be looked at in isolation but had to be viewed in the light of all the surrounding circumstances, including the degree of provocation.’ He continued to adopt the words from Rayden on Divorce: ‘In all these cases the totality of the evidence of the matrimonial history must be considered, and the conclusion will depend on whether the cumulative conduct was sufficiently serious to say that from a reasonable person’s point of view, after a consideration of any excuse or explanation which this respondent might have in the circumstances, the conduct is such that this petitioner ought not to be called upon to endure it.”
Judges:
Bush J
Citations:
Times 12-Oct-1977
Jurisdiction:
England and Wales
Cited by:
Cited – O’Neill v O’Neill CA 12-Mar-1975
W appealed from rejection of her petition for divorce. The Judge held that the behaviour proved was no more than a wife could reasonably be expected to put up with, and he dismissed the petition. . .
Cited – Owens v Owens CA 24-Mar-2017
Unreasonable Behaviour must reach criteria
W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H.
Held: . .
Adopted – Stevens v Stevens FD 1979
Sheldon J considered whether the divorce petitioner had established that she should not be expected to continue to live with her husband. An earlier behaviour petition by her had been rejected as making insufficient allegations against H.
Lists of cited by and citing cases may be incomplete.
Family
Updated: 04 May 2022; Ref: scu.581085