Cargil v Cargill
| Jurisdiction | England & Wales |
| Judgment Date | 29 July 1858 |
| Date | 29 July 1858 |
| Court | Probate, Divorce and Admiralty Division |
English Reports Citation: 164 E.R. 708
IN THE COURT OF PROBATE AND IN THE COURT FOR DIVORCE AND MATRIMONIAL CAUSES.
S. C. 27 L. J. P. 69, 4 Jur. (N. S.) 764; W. R. 870. Approved, Mahoney v. M'Carthy, [1892] P. 21; Heard v Heard, [1896] P. 191, Cf Houghton v Houghton, [1903] P. 150.
cargill v caegill. July 24 and 29, 1858.-Judicial Separation.-Desertion for Two Years,-Offer to Return-20 & 21 Viet. c. 85, s. 16.-Where the offence of desertion without cause for two years is once completed, the spouse deserted has, at least since the Divoice Act came into operation, a complete right to the relief given by the statute, although the other party may, subsequently to the two years, have made a bona fide offer to return.-Semble, the same rule would apply to the wife's right to a dissolution of marriage by reason of adultery conpled with desertion, under the 27th section of the Divoice Act; but not to the "desertion" mentioned in sect 21 as the foundation of an order for protection of the wife's property. [S. C 27 L J. P 69, 4 Jui. (N. S) 764; 6 W. R 870. Approved, Mahoney v. McCarthy, [1892] P. 21 ; Heaid v Heaid, [1896] P. 191 , Cf Honghton v Haughton, [1903] P. 150.] This was a suit for judicial separation at the suit of the wife, by reason of the desertion of the husband for two years and upwards without cause. Dr Deane, Q C., and Dr Middleton appeared for the petitioner. The husband gave no appearance It appeared on the evidence that the desertion commenced in December, 1850, but that in the early part of the year 1858 the husband wrote, proposing to return to cohabitation. To this offer the wife made no answer, but filed hei petition for a judicial separation Assuming such offer to be a bona tide offer on [236J the part of the husband, the Judge Ordinary expressed a doubt whether it would not have the effect of terminating the "desertion for two years without cause," mentioned in the 16th section of the Divorce Act, and so bar the wife of the relief prayed. Cur. adv. vult. July 291.-The Judge Ordinaiy. This was a petition for judicial separation, on the ground of desertion by the husband without cause for two years and upwards The petition was filed on the 12th of May, and the citation was served on the husband on the 14th. No appearance was entered for him The marriage took place on the 7th of June, 1848 , on the 2nd of December, 1850, the husband sent his wife back to her father's with a letter accusing her of misconduct, of which not...
To continue reading
Request your trial