A. B. v C. B
| Jurisdiction | Scotland |
| Judgment Date | 21 November 1958 |
| Docket Number | No. 4. |
| Date | 21 November 1958 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Guthrie.
Husband and Wife—Divorce for desertion—Reasonable grounds for non-adherence by wife—Murder of child of marriage by husband while insane.
A husband brought an action of divorce against his wife on the ground of her desertion. The action was not defended. Prior to the alleged desertion the pursuer, while insane, had murdered a child of the marriage. He was charged with murder, but a plea of insanity in bar of trial was accepted by the Crown, and the Court ordered his detention during His Majesty's pleasure. The pursuer was later certified. After treatment, he was released some years later as cured. He then called upon his wife-to resume cohabitation with him, but she did not do so.
Held by the Lord Ordinary (Guthrie) that, in the circumstances, the wife had reasonable grounds for non-adherence; and actiondismissed.
Dicta of the Lord Justice-Clerk (Thomson) and Lord Patrick inRichardson v. Richardson, 1956 S. C. 394,followed.
A. B., a husband, brought an action against C. B., his wife, for divorce on the ground of her desertion. The action was undefended.
The circumstances are summarised in the rubric and are fully set forth in the opinion of the Lord Ordinary (Guthrie).
The pursuer...
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