Burnett v Burnett
| Jurisdiction | Scotland |
| Judgment Date | 09 October 1957 |
| Date | 09 October 1957 |
| Docket Number | No. 1. |
| Court | Court of Session (Inner House - First Division) |
1ST DIVISION.
Husband and WifeAdherence and alimentWillingness to adhereConditional willingness of pursuer.
In an action of adherence and aliment, brought by a wife against her husband, the evidence established that the parties had lived together for more than thirty years when the pursuer left the defender because of his continuing an association, of which she did not approve, with a widow who had originally been a friend of both parties; that the defender, who was in poor health, then went to live with the widow and her two children; that the pursuer had thereafter brought an action for separation and aliment against the defender on the ground that he had committed adultery with the widow; that she had failed in this action; that, two days after absolvitor had been pronounced, she had, through her solicitors, inquired what proposals the defender had for resuming the marriage; and that she herself was willing to adhere to the defender, but only if he gave up completely his association with the widow.
Held that the pursuer in an action of adherence and aliment was not entitled to qualify his or her willingness to adhere by a condition that the defender give up an innocent friendship with a third party of the opposite sex.
(Sequel to case reported 1955 S. C. 183.)
Mrs Janet Galbraith Todd or Burnett brought an action against her husband, William Chalmers Burnett, in the Sheriff Court at Edinburgh in which she craved decree of adherence and aliment.
The following findings in fact were made by the Sheriff-substitute:"(1) The parties were married at Edinburgh on 17th December 1920; (2) there is one surviving child of the marriage, Sheila Sofia Burnett, born 15th February 1930; (3) the parties lived together at 5 Caledonian Place, Edinburgh, until December 1952, when the pursuer left the defender because of his continuing an association, of which she did not approve, with a Mrs Georgina Ross, a widow residing at 26 Gorgie Road, Edinburgh; (4) when the pursuer left the house at 5 Caledonian Place, she took some of the furniture; (5) the defender at the time the pursuer left him was in poor health because of heart trouble and a duodenal ulcer and had already been compelled to retire prematurely from work; (6) after the pursuer left the defender the latter went to live with Mrs Ross and her two children in her house at 26 Gorgie Road, Edinburgh, where he now lives; (7) the defender still owns the dwelling-house at 5 Caledonian Place, Edinburgh, in which the parties lived prior to December 1952, when the pursuer left the defender; (8) the pursuer raised an action for separation and aliment on the ground of the defender having committed adultery with Mrs Georgina Ross. The pursuer succeeded in this action in the Sheriff Court and decree was pronounced in her...
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Beveridge v Beveridge
...wife back. Reference was also made to Burrell v. BurrellSC,1947 S. C. 569, per Lord President Cooper at p. 578, andBurnett v. BurnettSC, 1958 S. C. 1. With reference to the omission of an averment of willingness to adhere on the part of the pursuer, Mr Smith argued that it was settled law t......