Thomas vs Thomas on 17 November, 1924
The question is whether her
leaving her marital home on the afternoon of May 24, 1947,
is only consistent with her having deserted, her husband, in
the sense that she had deliberately' decided permanently to
forsake all relationship with her husband with the intention
of not returning to consortium, without the consent of the
husband and against his wishes. That is the plaintiff's
case. May that conduct be not consistent with the
defendant's case that she had not any such intention, i.e.,
being in desertion? The following observations of Pollock,
M. R. in Thomas v. Thomas(1) may usefully be quoted in this
connection:-