Stewart v Stewart

[1907] HCA 72

920

[i9o;

HIGH COURT

[HIGH COURT OF AUSTRALIA.]

STEWART .

A p p e l l a n t ;

P e t it io n e e ,

STEWART .

R e sp o n d e n t .

R e sp o n d e n t ,

ON APPEAL FROM THE SUPREME COURT OF

VICTORIA.

H.C. OF A.

Marriage Act IS90 (Fict.) (Mo. 1166), sec. 74—Divorce—Desertion.

1907.  Appeal from decision of Supreme Court (Hodges J.), dismissed.

M elbourn-jo.

Mar. ‘27, 28.

A ppea l from Supreme Court of Victoria.

A petition in the Supreme Court of Victoria by a liu.sbaiid for

Griffith C.J.

Barton, dissolution of his marriage witli the respondent on the ground

O’Connor,

Isaacs ami that she had without just cause or excuse wilfully deserted him

Hig-gins JJ.

and left him continuously so deserted for a period of three years and upwards, within the meaning of sec. 74 (6) of the Marriage Act 1890 (Viet.), was dismissed by Hodges J. on the ground that it was not proved to his satisfaction that the respondent without just cause or excuse wilfully deserted the petitioner.

The petitioner appealed to the High Court.

Note]tin, for the appellant.

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The Court dismissed the appeal, holding on the facts, that, whether the wife had or had not just cause or excuse for leaving her husband, the evidence that the desertion had continued for a period of three years and upwards was not satisfactory.

Appeal dismissed.

Proctor, for appellant, S. M. Watson, Melbourne.

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B. L.