Thursday, August 8, 2019
Analysis of Family Conflict Case from a Legal Pointview Study
Analysis of Family Conflict from a Legal Pointview - Case Study Example The fact that the defendant is not associated with Caroline in any way is immaterial, from the point of view of her request for the Court's protection, although it has been seen that the law has a distinctly favourable disposition towards married couples in such instances of grant of injunctions orders since a greater degree of clarity is available in such relationships as compared with lesbianism, homosexuality orà other forms of cohabitation among consenting people. These actions of Gary cannot be termed as physical violence or even threats of violence, but, nevertheless it does constitute molestation, even in the absence of violent acts, or deemed violent actions. In Johnson -v- Walton (1990) FLR 568, the Court ruled that "any conduct which could properly be regarded as such a degree of harassment, as to cause for the intervention of the Court " could be termed as acts of harassment. In this case, soon as the relationship between Miss W and Mr J ended, pictures of Miss W in a semi-nude state appeared in the press. According to Miss. W, she was neither aware of or had agreed to such an act. Nobody, except Mr J, on the basis of their past liaison, could have gained access to commit such an act. (The Family Law Act 1996. 2006). Again,à Vaughan -v- Vaughan (1973) 3 All ER 449. In the decided case of Vaughan v Vaughan, (1973) 3 All ER 449, the ex-husband used to constantly pester his ex-wife, through calls and visits at her residence and place of work. This created a fear psychosis in the mind of the ex-wife and undermined her health. It was held, that although threats or actual physical violence was absent, the ex-husband's conduct constituted molestation and invoked the Court's intervention. (The Family Law Act 1996. 2006).
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