NOVEL POINT RAISED
A CONJUCIAL RIGHTS DECREE
Interesting argument took place before Mr Justice. Ostler this morning, on a petition of Mrs E. Prideham v. Ernest Prideham, for judicial separation on the grounds of disobedience of an order for the restitution of conjugal rights made in February last. Mr L. Cohen submitted that the grounds sat out were sufficient for the court to grant a judicial separation, which was lesser relief than to that of a decree nisi. Petitioner, if she desired, could first apply for a divorce and then app'y for an amendment of the decree, which was a roundabout way. Counsel pointed out that in the re-enacted Act of 1920 it was made clear that if the respondent failed to comply with a decree of court for restitution of conjugal rights such respondent shall therefore be deemed to have been guilty of desertion without reasonable cause and a suit for dissolution of marriage may be instituted. In this Act, however, the words "or judicial separation," which were included in the 1904 Act, were left out. The 1904 Act was repealed in .1907, and reinstated in 1920. The judge said the point raised by counsel was very important, and reserved his decision.
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Bibliographic details
Waipa Post, Volume XXIV, Issue 1689, 21 November 1925, Page 5
Word Count
203NOVEL POINT RAISED Waipa Post, Volume XXIV, Issue 1689, 21 November 1925, Page 5
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