M'Ewan v. M'Ewan

Subject_1 Husband and Wife Subject_2 Divorce Subject_3 Desertion Subject_4 Statutory Period — Interruption — “Reasonable Cause” — Action of Separation and Aliment at Defender's Instance — Relations of Friendship between the Parties — Arrangements Made in View of Living Apart.

Husband and Wife — Divorce — Desertion — “Reasonable Cause” — Act 1573, c. 55. Facts: In an action of divorce for desertion at the instance of the husband, held that the running of the statutory period of desertion had not been interrupted, in the circumstances of the case, by the defender's raising and carrying on, but unsuccessfully, an action of separation and aliment.

Circumstances in which held that the statutory period was not prevented from running, either by the subsistence of friendly relations between the parties, or by temporary arrangements being made as to the custody of the child of the marriage.

The case of Mackenzie v. Mackenzie , May 16, 1895, 22 R. (H.L.) 32 , 32 S.L.R. 455 , decided that nothing less will afford “reasonable cause” for desertion in the sense of the Act of 1573, c. 55, than that which would be sufficient as a defence to an action of adherence; but it did not decide whether in an action of adherence a wife can successfully defend herself upon any other Page: 924 ↓

On 18th July 1906 Thomas M'Ewan, electrical engineer, Edinburgh, raised an action against Mrs Jessie Prentice Jones or M'Ewan, his wife, in which he sued for divorce on the ground of desertion. (A counter action of divorce for desertion at the instance of the wife—with which this report is not concerned—was raised on 13th October 1906, and was disposed of at the same time, the defender being assoilzied.)