Dearman v Dearman

This case involved consolidated suits for dissolution of marriage brought by Melbourne Nathan Dearman against his wife, Daisy Gertrude Dearman, and by her against him, both on the grounds of desertion. The primary judge, Gordon J. of the Supreme Court of New South Wales, dismissed both petitions. Both parties appealed to the High Court of Australia.

The legal issues before the High Court were whether either party had deserted the other for the requisite period, and specifically, whether the wife's conduct, which led the husband to believe she had committed adultery, constituted constructive desertion on her part, thereby justifying the husband's departure and subsequent claim of desertion. The question of adultery itself was not in dispute on appeal, as the findings of no adultery were not challenged.

The Court reasoned that while the wife's conduct provided reasonable grounds for the husband's belief in her adultery, it did not amount to constructive desertion unless it was persistent, regardless of consequences, or accompanied by a refusal to cease the conduct. Such persistence or refusal would be necessary to demonstrate an intention on her part to break off matrimonial relations or to persevere in intolerable behaviour. Applying this principle, the Court found that the wife's conduct did not meet the threshold for constructive desertion. Consequently, the Court affirmed the primary judge's decision that neither party had established desertion.

The appeals were dismissed, upholding the decision of the Supreme Court of New South Wales.