Dennis v Dennis (Spillett Cited)

Acts of violence by a husband towards his wife may constitute cruelty sufficient for dissolution of marriage without proof of actual injury to health. The court may infer a danger of injury to health from the nature of the violence itself. Medical evidence is therefore unnecessary where the proved conduct, such as blows, threats with a poker or gripping the wrists, sufficiently demonstrates that danger.

The wife petitioned for dissolution of marriage on the ground of cruelty. The Commissioner rejected some allegations of humiliating and distressing conduct as insufficient on their own, but found four allegations of violence in 1952 proved and granted a decree.

The husband appealed, arguing that no decree could be granted because the wife had suffered no proved injury to health. The central issue was whether proved acts of violence, without medical evidence or proof of actual injury, were sufficient to establish cruelty.

1. The appeal was dismissed. The Commissioner’s finding that the husband had committed four acts of violence was ample to warrant a decree for dissolution on the ground of cruelty, unless the circumstances showed that the acts were insufficiently serious or that a decree should otherwise be withheld.
2. Per Lord Justice Singleton, actual injury to health need not be proved where acts of violence are established. It is unnecessary to call a doctor to prove injury to health. The nature of the conduct may itself demonstrate an anticipated danger of injury.
3. Threatening a wife with a poker, striking her and gripping her wrists were acts of violence sufficient to support the decree. The court regarded such conduct seriously, particularly in the context of the wider course of conduct found by the Commissioner.
4. Lord Justice Hodson and Lord Justice Morris agreed. The order included taxation of the parties’ costs under the Third Schedule to the Legal Aid Act.

• Court of Appeal: dismissed the husband’s appeal from the Commissioner’s decree of dissolution granted on the ground of cruelty.