Oakey v Oakey and Another - [1964] NZLR 1025

Divorce and Matrimonial Causes — Adultery — Petition on grounds of adultery — Cross-prayer in answer seeking decree on grounds of desertion — Both grounds made out — Test to be applied in deciding whether respondent's adultery terminated petitioner's desertion — Whether only one decree to be granted — Which party entitled to decree — Divorce and Matrimonial Causes Act 1928, ss. 17 (1) (c), 20

Divorce and Matrimonial Causes — Desertion — Petition on grounds of adultery — Cross-prayer in answer seeking decree on grounds of desertion — Both grounds made out — Test to be applied in deciding whether respondent's adultery terminated petitioner's desertion — Whether only one decree to be granted — Which party entitled to decree — Divorce and Matrimonial Causes Act 1928, ss. 17 (1) (c), 20.