Bhatt v. Bhatt, (1983) 43 A.R. 117 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 04, 1983
• Citations: (1983), 43 A.R. 117 (QB)

Bhatt v. Bhatt (1983), 43 A.R. 117 (QB)

MLB headnote and full text

Bhatt v. Bhatt

(No. 4804 1832)

Indexed As: Bhatt v. Bhatt

Alberta Court of Queen's Bench

Judicial District of Grande Prairie

Veit, J.

March 4, 1983.

Summary:

A husband petitioned for divorce on the ground of three years' separation from his wife. The Alberta Court of Queen's Bench refused to grant the divorce, because the husband had deserted his wife and five years had not elapsed.

Family Law - Topic 3604

Divorce - Grounds - Separation - Desertion - What constitutes - A husband petitioned for divorce on the grounds of three years' separation - He had left his wife in Nova Scotia to seek employment in Alberta - The Alberta Court of Queen's Bench refused to grant the divorce, because the husband deserted his wife - The court stated that the husband's departure from the matrimonial home to Alberta, while his wife was working and studying for a post-graduate degree, constituted desertion in the absence of proof that the wife's refusal to leave was unreasonable - See paragraphs 7 to 10.

Cases Noticed:

McGowan v. McGowan, [1948] 2 All E.R. 1032, appld. [para. 9].

Dunn v. Dunn, [1948] 2 All E.R. 823, appld. [para. 9].

Madisso v. Madisso (1975), 5 O.R.(2d) 492; 19 R.F.L. 299; 50 D.L.R.(3d) 660, revd. 11 O.R.(2d) 441; 21 R.F.L. 51; 66 D.L.R.(3d) 385, leave to appeal refused 11 O.R.(2d) 44l, ref'd to. [para. 9].

Lachman v. Lachman, 3 O.R.(2d) 29; 12 D.L.R.(3d) 221; 2 R.F.L. 207 (C.A.), ref'd to. [para. 13].

Authors and Works Noticed:

Bible; Ruth 1:16 [para. 13].

Counsel:

R.S. Pollick, for the petitioner;

No one contra.

This case was heard before VEIT, J., of the Alberta Court of Queen's Bench, who delivered the following judgment on March 4, 1983.