Lewis v Lewis - [1944] NZLR 736

Divorce and Matrimonial Causes — Practice — Trial — Method of Trial — Wife's Petition on Ground of Separation Order in Force for Three Years — Husband's Answer praying Relief — Allegation that Separation Order obtained by Wife's Desertion — Answer also Alleging Adultery with Co-respondent and containing Prayer for Divorce — Damages not Claimed — Denial by both Wife and Co-respondent — Pleas of Condonation, Connivance, and Delay — Wife's Plea of res judicata and Estoppel — Husband's Application for Trial by Jury — Exercise of Discretion in ordering Trial by Judge and Jury or Judge alone — Various Issues — Factors to be considered in Deciding Method of Trial — Divorce and Matrimonial Causes Act, 1928, ss 10 (j), 18, 43 — Matrimonial Causes Rules, 1943, RR 36, 37.