What is the quantum of desertion of a married couple?
Saskatchewan, Canada
The following excerpt is from Hutton v. Hutton, 1920 CanLII 213 (SK QB):
It is the duty of married persons to live together, and this duty should be enforced by the Courts unless it can be shown that the deserted party has been guilty of some matrimonial offence for which a judgment authorizing their living apart could be obtained by the other. Weldon v. Weldon, 9 P.D. 52, 53 L.J.P. 9, at p. 11: it is not necessary that there should be desertion for two years and upwards.
Burroughs v. Burroughs, 2 Sw. & Tr. 303, 30 L.J. Mat. 186. The petition in this Burroughs Case was filed within five months from the beginning of the desertion.
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