McNae v McNae - [1952] NZLR 886

Divorce and Matrimonial Causes — Desertion — Constructive Desertion — Conduct Equivalent to Expulsion — Expulsion established only when Capable of being fairly so described — Use of Expulsive Words Insufficient — Divorce and Matrimonial Causes Act, 1928, s 10 (b).

Divorce and Matrimonial Causes — Practice — Petition — Amendment — Decree for Restitution of Conjugal Rights by Husband not complied with — Wife Unsuccessfully petitioning on Ground of Desertion — Commencement de novo by Wife on Ground of Failure to comply with Decree for Restitution of Conjugal Rights preferable to Amendment of Petition for Divorce on Ground of Desertion and Reservice as amended — Divorce and Matrimonial Causes Rules, 1943, RR 27, 28.