Results: 27

• In re Shanahan, decd (De Winter (formerly Shanahan) v Legal Personal Representatives of Shanahan, decd)

  30 Jul 1971 [1973] Fam 1; [1972] 2 WLR 63; [1971] 3 All ER 873, PDA

  Subsequent citations: 2.
  FAMILY PROVISION — Jurisdiction — Subjective or objective test
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  Case index catchwords

  FAMILY PROVISION — Jurisdiction — Subjective or objective test — Right of divorced wife to apply for “reasonable provision” out of deceased husband's estate — Analogous to right of widow — Different Acts containing similar provisions — Undesirability of different approaches — Matrimonial Causes Act 1965, s 26

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re M (An Infant) (Adoption: Child’s Removal from Jurisdiction)

  12 Jan 1973 [1973] Fam 66; [1973] 2 WLR 515; [1973] 1 All ER 852, Fam D

  Subsequent citations: 2.
  ADOPTION — Jurisdiction of court — Applicants resident abroad
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  Case index catchwords

  ADOPTION — Jurisdiction of court — Applicants resident abroad — Provisional adoption order — Child to be in continuous care of applicants before provisional order made — Child made ward of court — Whether jurisdiction to allow child to be taken outside British Islands — Adoption Act 1958, ss 52 (1), 53

  1 Statute considered
• Stewart v Stewart

  04 Oct 1972 [1973] Fam 21; [1972] 3 WLR 907; [1973] 1 All ER 31, Fam D

  09 Apr 1974 [1974] 1 WLR 877; [1974] 2 All ER 795, CA

  Subsequent considerations : 2 neutral; 1 negative. Subsequent citations: 10.
  HUSBAND AND WIFE — Divorce — Costs

  HUSBAND AND WIFE — Injunction — Exclusion from matrimonial home

  LEGAL AID — Costs — Successful unassisted party
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Costs — Wife, order for costs against — Unsuccessful wife petitioner — False allegations made against husband — Discretion of judge — Supreme Court of Judicature (Consolidation) Act 1925, s 50 (1)

  HUSBAND AND WIFE — Injunction — Exclusion from matrimonial home — Divorce — Wife and children continuing to live in former matrimonial home after decree made absolute — Husband registered proprietor of house — Husband's undertaking to vacate house not implemented — Interests of children — Whether jurisdiction in court to enforce undertaking

  LEGAL AID — Costs — Successful unassisted party — Legally aided wife's petition — False allegations successfully contested by unassisted husband — Wife's petition dismissed — Husband's application for costs — Whether judicial discretion fettered by former practice not to award costs against wives without means — Appropriate order for costs if wife not legally aided — Whether severe financial hardship on husband if order for payment of costs not made — Whether just and equitable to make order — Legal Aid Act 1964, s 1 (2) (3) (4)

  5 Case(s) considered

  2 Statutes considered
• Brannan v Brannan

  10 Oct 1972 [1973] Fam 120; [1973] 2 WLR 7; [1973] 1 All ER 38, DC

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  HUSBAND AND WIFE — Justices — Maintenance
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Maintenance — Wilful neglect to maintain — Husband suffering from delusion that wife intending to kill him — Delusion defence to charge of desertion — Husband knowing of wife's need of maintenance — Whether husband's neglect to maintain wilful — Matrimonial Proceedings (Magistrates' Courts) Act 1960, s 1 (1) (h)

  8 Case(s) considered

  1 Statute considered
• Wachtel v Wachtel

  03 Oct 1972 [1973] Fam 72; [1972] 2 WLR 84; [1973] 2 WLR 84; [1973] 1 All ER 113, Fam D

  08 Feb 1973 [1973] Fam 72; [1973] 2 WLR 366; [1973] 1 All ER 829, CA

  Subsequent considerations : 11 positive; 12 neutral. Subsequent citations: 103.
  HUSBAND AND WIFE — Financial provision — Conduct of parties
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Conduct of parties — Effect on orders for ancillary relief — Both parties granted decrees of divorce — Principles for granting ancillary relief — Effect of conduct on orders concerning property and financial provisions for wife — Matrimonial Proceedings and Property Act 1970, ss 2 (1), 4 (1), 5 (1)

  1 Case considered

  1 Statute considered
• In re J (Adoption Order: Conditions)

  08 Feb 1973 [1973] Fam 106; [1973] 2 WLR 782; [1973] 2 All ER 410, Fam D

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 3.
  ADOPTION — Order — Condition's
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  Case index catchwords

  ADOPTION — Order — Condition's — Mother and husband desiring to adopt illegitimate child — Child's father desiring continuation of access — Child's best interests requiring future resumption of access by father — Final adoption order — Whether conditions for future access could be imposed and enforced — Adoption Act 1958, ss 7 (3), 13 (1)

  3 Case(s) considered

  1 Statute considered

• H v H (Child in Care: Court’s Jurisdiction)

  13 Oct 1972 [1973] Fam 62; [1973] 2 WLR 525; [1973] 1 All ER 801; 71 LGR 290, Fam D

  Subsequent citations: 7.
  MINOR — Family Division — Jurisdiction
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  Case index catchwords

  MINOR — Family Division — Jurisdiction — Child in care of local authority under fit person order — Parent's divorce proceedings — Whether court will make order affecting child — Children and Young Persons Act 1933, s 62 (1) (b) — Matrimonial Proceedings and Property Act 1970, s 18 (1) (a)

  2 Case(s) considered

  2 Statutes considered
• Dryden v Dryden

  07 Mar 1973 [1973] Fam 217; [1973] 3 WLR 524; [1973] 3 All ER 526, Fam D

  Subsequent considerations : 1 positive; 4 neutral. Subsequent citations: 12.
  HUSBAND AND WIFE — Divorce — Decree absolute

  HUSBAND AND WIFE — Marriage — Capacity to marry
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Decree absolute — Validity — Petition based on five years' separation — Irregularity in proceedings — Decree absolute expedited without knowledge of respondent wife — Wife deprived of right for financial provision to be determined before decree made absolute — Whether decree absolute void or voidable — Divorce Reform Act 1969, s 6

  HUSBAND AND WIFE — Marriage — Capacity to marry — Validity of decree absolute — Petitioner remarrying after decree absolute and before expiration of time for appeal against decree — Whether marriage valid — Matrimonial Causes Act 1965, s 8 (1) — Nullity of Marriage Act 1971, s 1

  3 Case(s) considered

• McGibbon v McGibbon

  14 Mar 1973 [1973] Fam 170; [1973] 2 WLR 1013; [1973] 2 All ER 836, Fam D

  Subsequent citations: 1.
  HUSBAND AND WIFE — Injunction — Petition within three years of marriage
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  Case index catchwords

  HUSBAND AND WIFE — Injunction — Petition within three years of marriage — Wife's application for leave — Application for injunction against molestation — Court's jurisdiction to grant injunction restraining husband from molesting her — Matrimonial Causes Act 1965, s 2 — Supreme Court of Judicature (Consolidation) Act 1925, s 45 — RSC, Ord 29, r 1

  2 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• F v S (Adoption: Ward)

  08 Dec 1972 [1973] Fam 203; [1973] 2 WLR 178; [1973] 1 All ER 722, CA

  Subsequent citations: 9.
  ADOPTION — Ward of court — Application to adopt
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  Case index catchwords

  ADOPTION — Ward of court — Application to adopt — Function of judge on application for leave — Principles applicable — Whether leave required