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Wright v Wright - [1954] NZLR 417

$30.00

Court of Appeal Wellington
20 March 1953 26 February 1954
Fair J; Gresson J; Hay J
Divorce and Matrimonial Causes — Separation (as a Ground of Divorce) — Presumption of Continuance of Separation during Statutory Period — Allegation of Interruption by Acts of Intercourse between Spouses — Strict Proof by Party so alleging — Analogy with Condonation of Adultery — Standard of Proof of Continuance of Separation — "Wrongful act or conduct" — Divorce and Matrimonial Causes Act, 1928, ss 10 (i), 18.
Divorce and Matrimonial Causes — Evidence — Separation — Appeal — Assessment by Trial Judge of Conduct of Parties after having seen and heard Them and Decree Nisi granted — Non-interference by Appellate Court with Such Assessment, unless Manifest "wrongful conduct" and Separation thereby brought about — Divorce and Matrimonial Causes Act, 1928, s 18.

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