Gollins v Gollins, 1964 [1963] UKHL 5
Citation:Gollins v Gollins, 1964 [1963] UKHL 5
Rule of thumb:Is a spouse not showing sufficient kindness to their other spouse a ground for divorce? Yes, it is.
Rule of thumb:Does the body language of a person matter when giving evidence? Yes, it does. The body language and demeanour of a witness is important when they are giving evidence, and it is important for a Judge to consider this in addition to just the literal content of what they have said in order to get a sense of whether they are being truly honest or not.
Judgment:
This case concerned the principle of ‘conjugal kindness’ in considering whether a Court should grant a divorce to annul and end a marriage. The Court held that spouses are supposed to show warmth and kindness towards each other and have a knowledge of the weaknesses in each other’s personality – and that not doing this is a ground for divorce - the Court held that this is not an objective test but one which must be considered in all of the circumstances.
Ratio-decidendi:
‘A judge does and must try to read the minds of the parties in order to evaluate their conduct. In matrimonial cases we are not concerned with the reasonable man as we are in cases of negligence. We are dealing with this man and this woman ... Much must depend on the knowledge and intention of the respondent, on the nature of his (or her) conduct, and on the character and physical or mental weakness of the spouses, and probably no general statement is equally applicable in all cases...’, Lord Reid
‘cruelty is ... when reprehensible conduct or departure from normal standards of conjugal kindness causes injury to health or an apprehension of it, is, I think, cruelty if a reasonable person, after taking due account of the temperament and all the other particular circumstances would considered that the conduct complained of is such that this spouse should not be called on to endure it’, Lord Pearce
‘A judge does and must try to read the minds of the parties in order to evaluate their conduct’. Lord Reid
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.