High Court Wellington
28, 29 September; 30 September 1954
Gresson J
28, 29 September; 30 September 1954
Gresson J
Divorce and Matrimonial Causes — Seven Years' Separation — Legislative Recognition that it is not Conducive to the Public Interest for Parties to be bound permanently by a Marriage which has irremediably failed — Equally Important Principle that Decree should be refused if Petitioner guilty of Grave Matrimonial Misconduct — Court to have regard to Both Principles — Divorce and Matrimonial Causes Act, 1928, s 10 (jj) — Divorce and Matrimonial Causes Amendment Act, 1953, s 7.
Divorce and Matrimonial Causes — Restitution of Conjugal Rights — Order for Restitution made and not complied with — Spouse not complying with Order subsequently seeking Dissolution of Marriage on Ground of Seven Years' Separation — Spouse not in Contempt — Refusal to comply with Decree not Automatic Bar to Later Suit, but Matter for Court's Consideration in Relation to Exercise of Discretion — Divorce and Matrimonial Causes Act, 1928, ss 10 (jj), 18.
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