What is the reason why the court should be alert to detect and turn back attempts, to bring petitions under s. 3(d) of the Marriage and Divorce Act?
Saskatchewan, Canada
The following excerpt is from Markus v. Markus, 1970 CanLII 586 (SK QB):
The reason why the court should be alert to detect and turn back attempts, to bring petitions under s. 3(d), which should properly be brought under s. 4(1) (e) (i), was aptly stated by Denning L.J. in Kaslefsky v. Kaslefsky, [1951] P. 38, [1950] 2 All E.R. 398, where he said at p. 403: “If the door of cruelty were opened too wide, we should soon find ourselves granting divorce for incompatibility of temperament. This is an easy path to tread, especially in undefended cases. The temptation must be resisted lest we slip into a state of affairs where the institution of marriage itself is imperilled.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the meaning of the words “the marriage of the testator” and “made in contemplation of the marriage” in the Marriage of the Testator? (Saskatchewan, Canada)
How have the courts dealt with the issue of traditional marriage in the context of maintenance and/or traditional marriage? (Saskatchewan, Canada)
What is the test for an adult child to withdraw from parental charge by reason of pursuing a reasonable course of post-secondary education? (Saskatchewan, Canada)
Does the Court of Appeal have any jurisdiction to interfere in a finding of fact from the lower courts? (Saskatchewan, Canada)
How have courts dealt with a wife’s petition for judicial review on the grounds of cruelty arid adultery? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that its contents can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
Can a husband bring a motion for dissolution of his marriage on the grounds of adultery? (Saskatchewan, Canada)
Does the wife have to disclose that she was already divorced from the husband when she brought a petition for division of property? (Saskatchewan, Canada)
In what circumstances will the Supreme Court review a decision by a majority of the Court of Appeal not adjourning on a motion of appeal? (Saskatchewan, Canada)
