Elba v Elba
1967 · 1967-68 ALR SL 74
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- Facts
- A wife summoned her husband for maintenance for . They had been living together. He had and moved during the proceedings. She had not objected to going with him.
- Issue
- Was there desertion on the day he changed address?
- Held
- Harding J held the evidence did not amount to desertion.
- Principle
- A maintenance order under the 1888 Act depends on desertion. A change of address that she accepted is not desertion, and desertion is not found merely to make an order possible.
- Why it matters
- The control on magistrate maintenance. Constructive desertion must still satisfy Boyle.
Words and Latin in this note
- Desertion
- In a Christian or civil marriage, a separation for a continuous three years, with an intention to end cohabitation permanently, without the other spouse's consent, and without just cause. Constructive desertion is conduct grave enough to drive the other spouse out. Open the note.
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