Dean, S.D.M. V. Anthonisz, E.A.

[IN THE PRIVY COUNCIL]

1953 Present : Lord Normand, Lord Cohen, Sir Lionel Leach
and Mr. L. M. D. de Silva

S. D. M. DEAN, Appellant, and E. A. ANTHONISZ, et al.,
Respondents

PRIVY COUNCIL APPEAL NO. 48 OF 1951

S. C. 492-D. C. Colombo, 1,580

Divorce-Adultery of wife-Assessment of quantum of damages.

In an action for divorce instituted by a husband against his wife on the ground of adultery, the two main considerations governing the award of damages as against the co-respondent are (a) the actual value of the wife to the husband, (b) compensation to the husband for injury to his feelings, the blow to his marital honour and the loss to his matrimonial and family life. In assessing the damages the Court may take into account the fact that the plaintiff was indiscreet in allowing the close association of the co-respondent with his family too long and only took action when matters had gone too far.

APPEAL from a judgment of the Supreme Court.

Stephen, Chapman, for the second defendant appellant.

No appearance for the respondents.

Cur. adv. vult.

539

June 29, 1953. [Delivered by SIR LIONEL LEACH]-

This is an appeal from a judg

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