WHITE v. WHITE

13 VLR 239·Supreme Court of Victoria (Full Court)
13 VLR 239
13 VLR 239
WHITE v. WHITE Supreme Court of Victoria (Full Court)
HIGINBOTHAM, C.J., WEBB, KERFERD, A’BECKETT, JJ. May 18, 1887. June 7, 08 June 1887 Marriage and Matrimonial Causes Statute 1864, s. 70 — Petition by husband — Adultery of wife — Wilful neglect or misconduct of petitioner conducing to the adultery — Mistaken but well intentioned conduct of husband conducing to the adultery of his wife .

The mere mistake of a husband in allowing a wife suffering from habitual drunkenness to leave his protection for four years, even though it has led to her subsequent infidelity, is not such wilful neglect or misconduct within the meaning of "The Marriage and Matrimonial Causes Statute 1864," s. 70, as to disentitle him to relief; nor is the allowing her, after he believes her to have committed adultery, to keep a boarding-house for male boarders apart from him, necessarily such an act as to disentitle him to relief where the adultery complained of was not with any of the boarders, though it took place at the boarding-house.

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