Woodhouse v Woodhouse
| Jurisdiction | Scotland |
| Judgment Date | 27 February 1936 |
| Docket Number | No. 45. |
| Date | 27 February 1936 |
| Court | Court of Session (Inner House - First Division) |
1ST DIVISION.
Lord Mackay.
Husband and Wife—Divorce—Desertion—Proof of willingness of pursuer to adhere—Necessity for privy admonition.
A wife left her husband, in spite of efforts on his part to dissuade her from doing so. The husband knew the address to which she had gone, and, at her request, he sent her money from time to time, but he did not then ask her to return. He stated in evidence that he had been very much hurt by her attitude, and had felt that it would be hopeless to induce her to change it. About two years after her departure the wife wrote to the husband suggesting that he should supply evidence on which she could obtain a divorce. The husband refused to have anything to do with this proposal. Shortly before the lapse of four years from the date of the wife's departure, the husband wrote to her asking her to return to him, and stating his willingness to do anything he could to make their married life happy. The wife replied that she was not prepared to return, and asked that this decision should be accepted as final, as she preferred to live her own life.
In an action of divorce for desertion, brought by the husband, the Court (rev. judgment of Lord Mackay) granted decree of divorce, in respect that the evidence showed that the wife was in desertion and that the husband had throughout been willing to adhere.
Observed that the necessity for privy admonition was a question of circumstances, its only importance being to show wilful desertion on the part of a defender, and non-acquiescence therein on the part of a pursuer.
On 25th September 1935 Frederic Ernest Woodhouse brought an action of divorce, on the ground of desertion, against his wife, Mrs Vyvyan Evelyn Gregory Price or Woodhouse. The action was undefended.
The facts of the case, as established at a proof, were as follows:—The parties, whose domicile of origin was English, were married in England on 5th October 1929. After residing for a short period in Wales, they took up residence in Scotland, where the pursuer obtained employment as a motor salesman, about the end of 1930, and the pursuer thereafter acquired a Scottish domicile. The defender disliked living in Scotland, and wished to return to England. She also disliked living in the house which the pursuer had taken in Renfrewshire, and suggested living in an hotel in Glasgow. During the summer of 1931 she threatened to leave the pursuer and return to England if he would not accede to her wish to live in an hotel. The pursuer endeavoured to dissuade her from leaving him, and pointed out that he could not afford the expense of hotel life. On 16th September 1931 the pursuer found, on his return from business, that the defender had packed her luggage and was determined to leave next morning. He remonstrated with her, but she insisted upon leaving, and the following day she went to England where she had since resided. The parties had not met since that date. The pursuer knew the defender's address in England, and, at her request, he sent her money from time to time. He did not on these occasions ask her to return. He stated in evidence that he had been very much hurt by her attitude, and had felt that it was hopeless to persuade her to return. Between two and three years after her departure, the defender wrote to the pursuer suggesting that they should be divorced, and asking him to supply evidence on which she might obtain a decree. The pursuer refused to have anything to do with this proposal. On 1st June 1935 the pursuer wrote to the defender a letter in which he stated that his business required him to live in Scotland, where he intended to reside permanently, and asked her to return to live with him. He expressed his willingness to do anything he could to make their married life comfortable and happy. The defender wrote a letter in reply stating that she had no intention of...
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