TSOGBE vs. TSOGBE

The question for a decision is whether a petitioner for divorce can be examined on her adultery where a discretion statement has been lodged. This issue has no doubt arisen because of the paucity of matrimonial causes originating in this court with the correlated difficulties attendant on procedure. In fact, this is the first divorce suit that has come before me in this court for the past three years. The question is however resolved by reference to Rayden on Divorce (10th ed.), and I regret I have to embark on a lengthy exercise. I start with the following quotation appearing at p. 324: “It is the duty of solicitors to ask the party seeking relief in a clear and unequivocal terms if he or she has been guilty of adultery. But it is frankness at the hearing which is required of the petitioner; this consideration outweighs a failure fully to disclose acts of adultery in a discretion statement.” The case of Gillooly v. Gillooly [1950] 2 All E.R. 1118n, C.A. where a complete discl...