Cogle v Cogle - [1954] NZLR 264

Divorce and Matrimonial Causes — Restitution of Conjugal Rights — Court's Discretion under s 8 to be exercised solely in relation to Grant or Refusal of Decree for Restitution — Questions of Discretion as to Grant or Refusal of Divorce to be dealt with under s 18 — Divorce and Matrimonial Causes Act, 1928, ss 8, 18.

Divorce and Matrimonial Causes — Restitution of Conjugal Rights — Wife informing Husband of Her Intention not to live with Him — Husband refusing to agree to Separation — Husband "promising to go ahead and get a divorce," Wife to have Custody of Child — Such "understanding" not Evidence of Agreement to relieve Wife of Duty to return or Undertaking that She would not obey Decree for Restitution — Husband Sincere in His Desire for Resumption of Marital Relations — Discretion exercised in His Favour — Divorce and Matrimonial Causes Act, 1928, s 8.