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In the case of Allen v. Allen, these judges had decided that her adultery was not a reason to deny a woman custody of the children. Mr Allen had returned from World War 2 after being a prisoner of war, to find his wife had deserted him and was living with another man with his daughter.
The father had obtained custody in the lower court from a judge Wallington J. The mother had appealed this in the Court of Appeal and Wrottesley and Evershed overturned Wallington's just decision.
Here is an extract from the All England Law Reports [1948] 1 AER 413 CA, in which the judges at least acknowledge that "the father has been gravely wronged" but nevertheless award custody to the mother, therefore adding to the injustice, and encouraging other mothers to do the same :
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Comment : let's hope Wrottesley and Evershed are dead.
