Macaulay v Macaulay

Facts

A cruelty petition in the High Court in which the court restated what section 5 requires.

Issue

How is cruelty proved under the Matrimonial Causes Act?

Held

The court applied the Russell and Evans standard. The conduct must endanger health or safety, or create a reasonable apprehension of that danger.

Principle

Sierra Leone has not invented a local, looser definition. 'Treated with cruelty' means a course of conduct, not an isolated act in the heat of temper.

Why it matters

The case to cite for the word 'treated'. One blow, however unpleasant, is not automatically cruelty.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.