Evans v Evans

Facts

A wife's suit for cruelty, decided by Lord Stowell at a time when the ground was still being formed.

Issue

How serious must the conduct be?

Held

The court protects a spouse against injury to safety and health. It does not dissolve a marriage for incompatibility or for conduct that is merely unpleasant.

Principle

Cruelty is a protection of health and safety, not a remedy for an unhappy marriage.

Why it matters

Cited with Russell in the Sierra Leone cruelty cases. It is the reason insanity, and mere unhappiness, are not grounds.

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