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    Faculty Name: Zain Saleh: Name of The Subject: Legal Theory CASE STUDY: Baxter vs. Baxter, 1947

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    praveen
    1) This case study analyzes the 1947 case Baxter Vs. Baxter, where a wife sought an annulment of her marriage on the grounds that her husband had only engaged in intercourse by using contraception against his wishes. 2) The key facts are that throughout their 10-year marriage, the wife insisted her husband wear a contraceptive sheath during intercourse, though he objected to this practice. 3) The case discusses the relevant legal provisions of the Matrimonial Causes Act of 1937 and whether a marriage can be considered consummated if contraception is used without consent.

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    Faculty Name: Zain Saleh: Name of The Subject: Legal Theory CASE STUDY: Baxter vs. Baxter, 1947

    Uploaded by

    praveen
    31 views2 pages
    1) This case study analyzes the 1947 case Baxter Vs. Baxter, where a wife sought an annulment of her marriage on the grounds that her husband had only engaged in intercourse by using contraception against his wishes. 2) The key facts are that throughout their 10-year marriage, the wife insisted her husband wear a contraceptive sheath during intercourse, though he objected to this practice. 3) The case discusses the relevant legal provisions of the Matrimonial Causes Act of 1937 and whether a marriage can be considered consummated if contraception is used without consent.

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    1) This case study analyzes the 1947 case Baxter Vs. Baxter, where a wife sought an annulment of her marriage on the grounds that her husband had only engaged in intercourse by using contraception against his wishes. 2) The key facts are that throughout their 10-year marriage, the wife insisted her husband wear a contraceptive sheath during intercourse, though he objected to this practice. 3) The case discusses the relevant legal provisions of the Matrimonial Causes Act of 1937 and whether a marriage can be considered consummated if contraception is used without consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views2 pages

    Faculty Name: Zain Saleh: Name of The Subject: Legal Theory CASE STUDY: Baxter vs. Baxter, 1947

    Uploaded by

    praveen
    1) This case study analyzes the 1947 case Baxter Vs. Baxter, where a wife sought an annulment of her marriage on the grounds that her husband had only engaged in intercourse by using contraception against his wishes. 2) The key facts are that throughout their 10-year marriage, the wife insisted her husband wear a contraceptive sheath during intercourse, though he objected to this practice. 3) The case discusses the relevant legal provisions of the Matrimonial Causes Act of 1937 and whether a marriage can be considered consummated if contraception is used without consent.

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    ABSTRACT

    NAME OF THE SUBJECT:

    LEGAL THEORY

    CASE STUDY: Baxter Vs. Baxter, 1947

    FACULTY NAME: ZAIN SALEH


    In this project, the researcher wants to do case study on the case law on Baxter vs. Baxter1,
    1947. In this case, Judges involved are Lord Greene M.R., Asquith L.J., and Vaisey J. of APPEAL

    from the Court of Appeal. The facts of the case stated by Viscount Jowitt L.C. and the Judgment
    passed by Viscount Jowitt L.C., Lord Wright, Lord Merriman, Lord Simonds and Lord Normand.
    Baxter vs. Baxter2 is a landmark Great Britain case, with an opinion delivered by House

    of Lords, which is regarding the family dispute decided by VISCOUNT JOWITT L.C. Here the
    dispute is within not only the wife and husband but also the Law of the land overlapping the
    Natural Law. The plaintiff (wife) complained against her husband marriage may be
    consummated although artificial methods of contraception are used for sexual intercourse.
    The facts of the case, as summarized, A wife throughout her life with her husband, from
    the marriage in 1934 till he left her in 1944, invariably refused to allow him to have intercourse
    unless he wore a contraceptive sheath. He consistently expressed objection but complied,
    believing that otherwise he would have had no intercourse. The Legal Provisions are, the wife
    applied for divorce under Nullity of Marriage under Matrimonial Causes Act, 1937 (1 Edw. 8
    and 1 Geo. 6, sec. 57) and under section 7, sub-section 1 (a) of this Act.
    In this study the researcher will do the detailed analysis of the Case study involving lehal
    provisions, case laws and other relevant. The researcher further explains the situations and
    philosophical interpretation with regards to laws prevailing at that time.

    1 [1948] A.C. 274


    2 [1948] A.C. 274

    The detailed description of this case analysis with relevant and precedent cases will be
    mentioned in this project, any other findings will be added to the final project with suggestions
    and recommendations
    Submitted by,
    NAME: B. PRAVEEN
    Regd. No: 2015020
    SECTION: A
    SEMESTER: 4th

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