Turner v Turner
Turner v Turner (Cause No. 29 of 1942) [1943] EACA 76 (1 January 1943)
The court found that the facts did not establish desertion as required by section 7(b) of the Matrimonial Causes Ordinance, 1939. Although the respondent refused to accompany the petitioner to Tanganyika and later refused sexual intercourse, the parties continued to live together, socialize, and maintain the outward form of marriage at the Avenue Hotel. The authorities make clear that desertion requires more than refusal of sexual relations or living in separate rooms; it requires abandonment or causing the other spouse to live apart. The evidence showed that the parties continued to cohabit…
Source excerpt
- Divorce
- Desertion
- Matrimonial Causes
- Cohabitation
- Grounds For Dissolution