- Desertion is based on the rejection by one party of all obligations of marriage (Perry v Perry (1952) 203).
- “Desertion is not the withdrawal from a place but from a state of things” per Lord Merrivale in Pulford v Pulford (1923) P18 at p.21.
- The factum of desertion can be established even if the parties are living under one roof. As said by Lord Denning L.J. (as he then was) at Hopes v Hopes (1949) P227 at p.235:
“The husband who shuts himself up in one or two rooms of his house, and ceases to have anything to do with his wife, is living separately and apart from her as effectively as if they were separated by the outer door of a flat. They may meet on stairs or in the passageway, but so they might if they each had separate flats in one building. If that separation is brought about by his fault, why is that no desertion? He has forsaken and abandoned his wife as effectively as if he has gone into lodgings.The converse is equally true. If the wife ceases to have anything to do with, or for, the husband and he is left to look after himself in his own rooms, why is that not at desertion? She has forsaken and abandoned him as effectively as if she had gone to live with her relatives.”
- As was said by Ormrod, J. In Pheasant v Pheasant (1972) Fam.203 at 207: “Separation is undoubtedly, the best evidence of breakdown, and the passing of time, the most reliable indication that it is irretrievable.”
- In Springfellow v Springfellow(1976) 2 All ER 219, it was held that desertion per se without more is not a good ground to assert that a marriage has irretrievably broke down.
- The relationship does not end so long as both of them bona fide recognised it as subsisting. What is required to be proved to the satisfaction of the Court is both a physical separation and a mental attitude on the part one or both of the spouses.
- In Bhanu Sekaramani v Nagamma (1991) 3 MLJ 34, the court held that the fact of separation is a prima facie evidence of a breakdown, but P has to prove that the breakdown is irretrievably. In other words, a constructive desertion does not constitute an irretrievable breakdown of a marriage.
我们有处理离婚程序(双方面同意、无争议单方面、有争议单方面的离婚申请)。全西马案件皆有处理。你可以聘用我们当你的代表律师 谢谢。
==============================
*如果您需要聘请律师处理法律事务，您可以联系我们。
*如果您需要法律咨询(付费)，您可以联系我们。
*我们的律师楼拥有超过15年的执业经验。我们处理民事纠纷 (打官司/法庭诉讼)、商业纠纷、追讨债务、遗产分配、立遗嘱、离婚、抚养权、赡养费、产业分配、领养小孩、拟商业合约、拟买卖合约、银行贷款、法律咨询、法律顾问、等法律事务。全马的案件，我们皆都处理。
*We have more than 15 years of experience in the legal profession. We handle matters such as commercial disputes, civil litigation, debt recovery, probate & letter of administration, will, divorce, children custody, maintenance/alimony, adoption, distribution of matrimonial assets, drafting commercial agreement, drafting sale and purchase agreement, process loan documentations, legal consultation, legal advisory, miscellaneous legal works.
*Wilson Kuek是“法律与你同行 Law & Justice”面子书群组的创办人。“法律与你同行”是马来西亚最大的法律平台。我们每天为无数的平民百姓免费解除各类的法律困扰。
*浏览我们律师楼的法律文章: www.kuekong.com
*浏览我们律师楼的法律文章: www.kuekongklg.com
*订阅我们的YouTube: http://bit.ly/lawnjustice
*加入 我们的“法律与你同行”FB 群组: http://bit.ly/fblawnjustice
*Like 我们的“法律与你同行” FB Page: http://bit.ly/lawnjusticefbpage
*加入我们的网络论坛: www.queco.org
*Kuek, Ong & Associates. Advocates & Solicitors. No.86-1, Jalan Mahagoni 1, Bandar Botanic, 41200 Klang, Selangor Darul Ehsan. Klang Lawyer. 巴生(吧生)律师楼。#Kuek, Ong & Associates #Kuek Ong & Associates #Kuek Ong Associates #郭汪律师事务所 #郭汪律师楼
#Chinese Lawyer in Malaysia #Malaysia Lawyer #Klang Lawyer #KL Lawyer #divorce lawyer #马来西亚华人律师 #懂华文的律师 #懂华语的律师 #巴生律师 #吧生律师 #KL律师 #吉隆坡律师 #民事诉讼律师 #打官司的律师 #打离婚案的律师 #离婚律师
#什么是分居 #什么是分房 #分房睡
马来西亚离婚手续| 离婚官司律师