England Examples of Civil Causes and Suits - International Institute: Difference between revisions

'''Chart: Newspaper Report of Divorce<br>[from The Times Digital Archive 1785-1985]'''  

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| '''The Times, Friday 8 May 1964. pg 27, issue 56006, col A.<br> High Court of Justice: Probate, Divorce and Admiralty.<br> DISCRETION WITH RELUCTANCE'''<br> DASHWOOD v. DASHWOOD<br>Before Judge Baxter<br>His Lordship granted Mr John Dashwood of Elvaston Place, SW7<br>insurance broker, a decree nisi of divorce against Mrs Susan<br>Boylen Duncombe Dashwood of Pitts Head Mews, W1 on the<br>ground of desertion. The Court’s discretion was exercised in the<br>husband’s favour in respect of adultery admitted by him.<br>The husband is the younger son of Sir John Dashwood Bt, premier<br>baronet, the wife being daughter of Countess Howe.<br>Mr Joseph Jackson appeared for the husband. The suit was<br>undefended, the wife being unrepresented.<br>JUDGMENT<br>His Lordship, giving judgment, said that the marriage took place in<br>November 1959. There were no children. At the time of the<br>marriage the husband was 30 and the wife 19. In December 1960<br>the wife left the husband. The husband did not want the wife to<br>leave him and hoped that she would come back. She did not come<br>back. After the separation the husband entered upon a course of adultery.<br>The wife knew of that, but his Lordship did not think that it<br>affected her desertion, although the parties continued to meet and<br>had met as recently as last night.<br>His Lordship was now asked to exercise discretion in the<br>husband’s favour. He has submitted a discretion statement and a<br>supplemental discretion statement which disclosed a perfectly<br>disgraceful state of affairs. He was quite indifferent to any<br>marriage promises or vows that he ever made and it was rather<br>difficult to see precisely upon what ground the Court could<br>exercise discretion in his favour. He had said that the wife had no<br>desire to remarry. His Lordship was not certain whether it would<br>be desirable, in view of his attitude, that the husband should remarry.<br>Mr Jackson had urged upon his Lordship that the marriage had<br>completely broken down and that is was in the public interest that<br>it should be dissolved. With the greatest possible reluctance,<br>therefore, his Lordship would exercise discretion in the husband’s<br>favour. There would be a decree nisi.<br>Solicitors: ''Messrs Stephenson, Harwood and Tatham. ''<br>

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