Results: 43

• N v N;

  07 Feb 1957 [1957] P 385, PDA

  HUSBAND AND WIFE — Divorce — Death
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Death — Service of petition for decree of presumption of death and dissolution of marriage — Leave to dispense with service — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 16 (1) (2) — Matrimonial Causes Rules, 1950 (S.I. 1950, No. 1940 (L.27), r. 9 (5)).

  1 Statute considered

  1 Statutory Instrument considered

• Davies v Davies (No 2)

  03 May 1957 [1957] P 357; [1957] 3 WLR 34, DC

  HUSBAND AND WIFE — Justices — Refusal to adjudicate
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Justices — Refusal to adjudicate — Appeal — Jurisdiction of High Court — Wife's complaint of persistent cruelty, desertion for less than three years and wilful neglect to maintain — Refusal to adjudicate on ground that all matters more conveniently dealt with in High Court — Power of justices to divide matters and refer in part to High Court — Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), ss. 10 and 11.

  1 Statute considered

• Barnett v Barnett Brown Intervening

  30 Nov 1956 [1957] P 78, PDA

  HUSBAND AND WIFE — Adultery — Consent
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Adultery — Consent — Intervener aged 12 years — Whether capable of adultery.

• Hulbert v Hulbert

  21 Mar 1957 [1957] P 174, CA

  HUSBAND AND WIFE — Practice — Interrogatories

  PRACTICE — Practice and procedure — Interrogatories
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Practice — Interrogatories — Cruelty — Whether permissible — Matrimonial Causes Rules, 1950 (S.I. 1950, No. 1940 (L.27)), r. 23.

  PRACTICE — Practice and procedure — Interrogatories — Matrimonial causes.

  1 Statutory Instrument considered
• Thompson v Thompson

  [1957] 2 WLR 138, CA

  [1957] P 19, CA

  31 Jan 1975 [1976] Fam 25; [1975] 2 WLR 868; [1975] 2 All ER 208; 73 LGR 488, CA

  Subsequent considerations : 2 positive; 2 neutral; 2 negative. Subsequent citations: 18.
  ESTOPPEL — Per rem judicatam — Husband and wife

  HUSBAND AND WIFE — Practice (in matrimonial causes) — Pleading

  HUSBAND AND WIFE — Property — Transfer of property
  Expand

  Case index catchwords

  ESTOPPEL — Per rem judicatam — Husband and wife — Divorce — Petition by husband alleging perjury by wife in previous maintenance proceedings — Dismissal of wife's charge of cruelty in maintenance proceedings — Wife repeating charge of cruelty against husband in answer to his petition in divorce — Application to strike out allegations of cruelty — No estoppel binding the court in divorce jurisdiction.

  HUSBAND AND WIFE — Practice (in matrimonial causes) — Pleading — Rules to be observed.

  HUSBAND AND WIFE — Property — Transfer of property — Council house — Husband tenant — Wife's application for transfer of tenancy — Whether tenancy of council house “property” — Matrimonial Causes Act 1973, s 24 (1) (a)

  1 Case considered

  1 Words & Phrases considered

• Scott v Scott and Anyan

  23 Nov 1956 [1957] P 1; [1956] 3 WLR 1121, CA

  HUSBAND AND WIFE — Adultery — Damages
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Adultery — Damages — Co-respondent's means — Materiality — Wife found to be moving spirit in adulterous liaison — Circumstances material for assessment of damages — Evidence as to co-respondent's means not receivable.
• Arnold v Arnold

  24 Jan 1957 [1957] P 237; [1957] 2 WLR 366; [1957] 1 All ER 570, PDA

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  HUSBAND AND WIFE — Divorce — Conflict of jurisdiction

  CONFLICT OF LAWS — Jurisdiction — Divorce
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Conflict of jurisdiction — Foreign decree based on residence — Validity — Parties domiciled in England at time of decree — Husband's desertion of wife while resident in Finland — Parties then domiciled in Finland — Principle of comity — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 18 (1) (a) and (b).

  CONFLICT OF LAWS — Jurisdiction — Divorce — Comity — Recognition of foreign divorces — Wife's decree — Parties domiciled in England.

• Levett v Levett And Smith

  14 Feb 1957 [1957] P 156, CA

  HUSBAND AND WIFE — Divorce — Conflict of jurisdiction

  CONFLICT OF LAWS — Jurisdiction — Divorce

  HUSBAND AND WIFE — Divorce — Residence

  HUSBAND AND WIFE — Divorce — Discretion

  HUSBAND AND WIFE — Conduct conducing — Divorce proceedings as
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Conflict of jurisdiction — Foreign decree based on residence — Husband domiciled in England — Wife resident in Germany — Wife's petition for divorce in Germany dismissed — Cross-petition for divorce of husband granted by German court — Whether husband's decree valid — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), ss. 6, 18 (1).

  CONFLICT OF LAWS — Jurisdiction — Divorce — Comity.

  HUSBAND AND WIFE — Divorce — Residence — Petition based on wife's residence — Whether husband entitled to cross-petition — “Proceedings by a wife” — Meaning of “proceedings” — Matrimonial Causes Act, 1950, 55. 6, 18 (1).

  HUSBAND AND WIFE — Divorce — Discretion — Form of discretion statement — Propriety of preparation by lawyers.

  HUSBAND AND WIFE — Conduct conducing — Divorce proceedings as — Foreign divorce — Adultery before inception of proceedings. Condonation.

  1 Statute considered

• Taylor (formerly Kraupl) v National Assistance Board

  14 May 1956 [1956] P 470; [1956] 3 WLR 290, PDA

  19 Dec 1956 [1957] P 101; [1957] 2 WLR 189, CA

  14 Feb 1957 [1957] 1 WLR 454, HL

  04 Dec 1957 [1958] AC 532; [1958] 2 WLR 11, HL

  Subsequent citations: 6.
  LEGAL AID — Disposable income — Subject-matter of dispute
  Expand

  Case index catchwords

  LEGAL AID — Disposable income — Subject-matter of dispute — Order for alimony pending suit after application but before computation by National Assistance Board — Whether claim for alimony pending suit “the subject-matter of the dispute” — Legal Aid and Advice Act, 1949 (12, 13 & 14 Geo. 6, c. 51), s. 4 (3) — Legal Aid (Assessment of Resources) Regulations, 1950 (S.I. 1950, No. 1358), reg. 2 — Legal Aid (General) (Amendment No. 1) Regulations, 1954 (S.I. 1954, No. 166).

  1 Statute considered

  2 Statutory Instruments considered

• Postlethwaite v Postlethwaite

  27 Feb 1957 [1957] P 193, PDA

  HUSBAND AND WIFE — Conduct conducing — Desertion, to
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Conduct conducing — Desertion, to — Conduct less than just cause — Conjugal unkindness — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 4 (2) (iv).

  1 Statute considered