Rose v Rose - [1932] NZLR 561

Divorce — Petition by Husband — Parties already separated for an Indefinite Period by Deed of Separation still in force — Provision in Deed that neither shall seek Restitution of Conjugal Rights — Suit undefended — Deed not pleaded in Bar — Whether the Deed should be disregarded — Discretion of Court to refuse a Decree — Decree refused — Divorce and Matrimonial Causes Act, 1928, s 10 (i).