Scottish Court of Session Decisions

Subject_1Husband and Wife
Subject_2Divorce
Subject_3Adultery
Subject_4Proof — Extrajudicial Confession — Circumstances which, coupled with Extrajudicial Acknowledgment of the Illegitimacy of a Child, Held Sufficient to Infer Adultery on Part of a Wife, and to Entitle the Husband to Decree of Divorce.
Facts:

In an undefended action of divorce for adultery raised by a husband against his wife it was proved that the wife had registered a child as born on the 10th January 1892, and that when registering it she had stated to the registrar that her husband was not the father of the child, and that she had no personal communication with him since September 1889, when they had ceased to live together. The husband also deponed that he had no communication with his wife since that date. It was not proved however that there had been no opportunity of intercourse between the husband and wife, who had been residing in the same town at the time when the child must have been conceived. Apart from the evidence of the husband as above, there was no evidence except the certificate of registration of the birth of a child that the defender had committed adultery. The Court granted decree of divorce.