THE SALAMAN CASE

Southland Times, Issue 19657, 6 October 1922, Page 5

THE SALAMAN CASE

PROTRACTED LITIGATION PECULIAR POINT IN DIVORCE LAW . (Per United Press Association.) WELLINGTON, October 5. The Full Court heard argument this afternoon oh a point arising out of the litigation between Marjorie Salamau and Abraham Walley Mahomed Salaman. The plaintiff, Marjorie Salaman, brought an action for damages against defendant for malicious prosecution and wrongful arrest. Her alleged wrongs occurred during the period between the granting of a decree nisi and the making absolute of the decree for divorce between the parties following. The question was ordered to be argued beljpre the trial of the action for damages: Whether after a decree absolute has been made for dissolution of marriage the wife can sue her husband for personal injury committed by him in the interval between the decree nisi and the decree absolute. Mr M. Myers, K.C., and with him Mr Leicester, appeared for defendant, and Mr E. G. Jellicoe for plaintiff. Mr Myers cited authority to show that a j marriage was not dissolved until the decree was made absolute, and he said that if that were so it was quite clear that no action could be brought by the wife against her husband for personal injury committed by him in the interval between the decree nisi and the decree absolute. Mr Jellicoe contended that the decree absolute related back to the time of the granting of the decree nisi, and therefore the husband could be sued by the wife for a tort conuqjtted by him against her during the interval between the granting of the decree nisi and the decree absolute. The Co« H-t reserved its decision.