Kain v Kain - [1943] NZLR 342

Divorce and Matrimonial Causes — Restitution of Conjugal Rights — Husband and Wife — Decree obtained by Wife — Non-compliance by Husband — Order for Periodical Payments — Whether Court has Jurisdiction to make Order as to Matrimonial Home — Wife remaining in Possession of Matrimonial Home, Furniture, and Effects owned by Husband — Right of Husband to apply for Possession under s 23 (2) of Married Women's Property Act, 1908 — Failure to comply with Order for Restitution — Whether in such Circumstances lis pendens and Contempt of Court — Whether Order for Possession should be subject to Condition of finding another Home for Wife — Divorce and Matrimonial Causes Act, 1928, s 9 — Married Women's Property Act, 1908, s 23.

Practice — Appeals to Court of Appeal — Jurisdiction — Appeal from Order of Supreme Court — Cross-notice by Respondent — Appeal withdrawn and dismissed — Respondent proceeding with Cross-appeal claiming Variation outside Terms of such Notice — Whether allowable — Court of Appeal Rules, RR 5, 6.