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Rushton v. Rushton [1969] 2 D.L.R. (3d) (BCSC)

Facts:

Married couple was separated but continued to live under the same roof, they lived in different rooms. Sex stopped. They shopped and cooked for themselves. He paid her a sum of monthly support. They had to appear to be husband and wife in order to live in their suit. Eventually they lived separately

Issue(s):

Was the couple living separate and apart?

Ratio:

There must be withdrawal from the matrimonial obligation with the intent to destroy the marriage, and must be physical separation in order to be "living separate and apart"
**Physical separation can occur under 1 roof

Holding:

Court granted the divorce


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