Priscilla Martha Kerr Weiler v Weiler

This case involved an appeal to the High Court of Australia from a decision of the Supreme Court of New South Wales. The appellant, Priscilla Martha Kerr Weiler, sought a divorce from her husband, Arthur Alex Weiler, on the grounds specified in section 16(d) of the Matrimonial Causes Act 1899 (N.S.W.). This section permitted a wife to petition for divorce if her husband had, within five years, undergone frequent convictions for crime and been sentenced to an aggregate of three years' imprisonment or more, and had habitually left her without the means of support.

The central legal issue before the High Court was whether a husband could be considered to have "habitually left the petitioner without the means of support" within the meaning of section 16(d) of the Act while he was imprisoned. The Supreme Court had found that this condition was not met, as it interpreted the provision to require the husband to be at liberty to provide support.

The High Court, in allowing the appeal, reasoned that the offence under section 16(d) was composite, requiring both frequent convictions and imprisonment, and habitual non-support. However, these elements were not mutually exclusive. The Court held that a husband could indeed habitually leave his wife without means of support while imprisoned, as imprisonment did not absolve him of his obligation to support her. The word "habitually" denoted continuity or persistence in the condition of being left without support, which could occur even during incarceration. The Court found that the evidence satisfied both limbs of the sub-section, and accordingly, the appeal was allowed, the petition dismissal discharged, and the cause remitted to the Supreme Court for further consideration on the issue of domicile.