Results: 52

• Blyth v Blyth and Pugh

  04 Apr 1963 [1963] P 411; [1965] P 411; [1965] 3 WLR 365; [1965] 2 All ER 817, CA

  Subsequent considerations : 1 negative. Subsequent citations: 17.
  HUSBAND AND WIFE — Condonation — Evidence

  HUSBAND AND WIFE — Condonation — Sexual intercourse as

  STATUTE — Retroactive effect — Divorce
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Condonation — Evidence — Burden of proof — Wife's adultery — Isolated act of marital intercourse without resumption of cohabitation — Evidence by husband that he did not intend to condone adultery — Divorce petition delayed because of reconciliation hope — Whether court “satisfied” that uncondoned adultery committed — Whether husband's evidence “sufficient to negative necessary intent” — “Satisfied” — Matrimonial Causes Act, 1950, s 4 (2) — Matrimonial Causes Act, 1963, s 1

  HUSBAND AND WIFE — Condonation — Sexual intercourse as — Husband, by — Transitional effect of new Act — Wife's adultery — Terminated by wife without resumption of cohabitation — Isolated act of marital intercourse before July 31, 1963 — Whether husband's evidence admissible to negative presumption of condonation — Matrimonial Causes Act, 1963, s 1

  STATUTE — Retroactive effect — Divorce — Condonation of adultery by act of intercourse — New Act providing that presumption of condonation may be rebutted — Whether procedural matter — Matrimonial Causes Act, 1963, s 1

  4 Case(s) considered

  2 Words & Phrases considered

  4 Statutes considered
• Windeatt v Windeatt (No 2)

  21 Feb 1962 [1963] P 25; [1962] 2 WLR 1056; [1962] 1 All ER 776, CA

  Subsequent considerations : 1 positive.
  FACT OR LAW — Husband and wife — Cruelty, intention to injure

  HUSBAND AND WIFE — Cruelty — Intention to injure
  Expand

  Case index catchwords

  FACT OR LAW — Husband and wife — Cruelty, intention to injure — Question of fact — Divorce

  HUSBAND AND WIFE — Cruelty — Intention to injure — Fact, question of — Association with other woman — Whether cruelty

  5 Case(s) considered

• Fowler v Fowler and Sine

  07 Dec 1962 [1963] P 311; [1963] 2 WLR 155; [1963] 1 All ER 119, CA

  Subsequent citations: 6.
  INFANT — Custody (Divorce Court) — Evidence

  OPEN COURT — Justice must be seen to be done — Custody issue

  NATURAL JUSTICE — Opportunity to meet charge — Custody issue

  OPEN COURT — Private audience with judge — Welfare officer
  Expand

  Case index catchwords

  INFANT — Custody (Divorce Court) — Evidence — Welfare officer — Report — Whether reports available to parties and judge — Judge's request to parties and representatives to leave court — Private interview between judge and welfare officer — Irregularity — Whether judge entitled to receive confidential information not disclosed to parties

  OPEN COURT — Justice must be seen to be done — Custody issue — Welfare officer — Interviewed by judge in private

  NATURAL JUSTICE — Opportunity to meet charge — Custody issue — Welfare officer interviewed by judge in private

  OPEN COURT — Private audience with judge — Welfare officer — Custody issue — Irregularity

  1 Case considered

• Wilkinson v Wilkinson

  07 Jun 1961 [1962] P 37; [1961] 3 WLR 297; [1961] 2 All ER 949, PDA

  23 Feb 1962 [1963] P 1; [1962] 3 WLR 1; [1962] 1 All ER 922, CA

  Subsequent citations: 5.
  HUSBAND AND WIFE — Judicial separation — “Absence” of respondent

  SOLICITOR — Costs — Personal liability
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Judicial separation — “Absence” of respondent — Appearance — Physical absence — Decree made in absence of husband — Petition for reversal — Matrimonial Causes Act, 1950, s 14 (3)

  SOLICITOR — Costs — Personal liability — Issue improperly fought — Court's jurisdiction to order solicitor to pay costs — Whether compensatory or punitive — Oppressive conduct

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Hall v Hall (Wardship)

  01 Mar 1963 [1963] P 378; [1963] 2 WLR 1054; [1963] 2 All ER 140, CA

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  INFANT — Custody (Divorce Court) — Divorce pending

  INFANT — Ward of court — Jurisdiction of Divorce Court
  Expand

  Case index catchwords

  INFANT — Custody (Divorce Court) — Divorce pending — Access — Principles to be considered — Infant a ward of court

  INFANT — Ward of court — Jurisdiction of Divorce Court — Access order by Divorce judge — Infants previously made wards of court — Conflict of jurisdiction — Principles applicable — Matrimonial Causes Act, 1950, s 26 (1)

  2 Case(s) considered
• Mills v Mills

  07 Mar 1963 [1963] P 329; [1963] 2 WLR 831; [1963] 2 All ER 237, CA

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 11.
  LEGAL AID — Costs — Order against assisted person
  Expand

  Case index catchwords

  LEGAL AID — Costs — Order against assisted person — Limited aid — Divorce — Certificate limited to maintenance and alimony — Assisted person ordered to pay full costs of undefended petition — Whether jurisdiction to make order — “Proceedings” — Legal Aid and Advice Act, 1949, s 2 (2) (e)

  1 Statute considered
• North v North

  18 Jul 1946 [1963] P 450; [1963] 3 WLR 12; [1963] 2 All ER 570, CA

  Subsequent considerations : 2 positive.
  HUSBAND AND WIFE — Divorce — Statement
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Statement — Denial of adultery by party seeking relief — Adultery found proved — Whether necessity for discretion statement — Whether court discretion to grant decree — Matrimonial Causes Rules, 1944, r 4 (3) (e)

  1 Statutory Instrument considered
• Chetwynd-Talbot v Chetwynd-Talbot

  10 Apr 1963 [1963] P 436; [1963] 3 WLR 1; [1963] 2 All ER 561, PDA (Ormrod J)

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  FRAUD — Fraud to court (discretion to refuse order) — Divorce

  HUSBAND AND WIFE — Divorce — Discretion
  Expand

  Case index catchwords

  FRAUD — Fraud to court (discretion to refuse order) — Divorce — Discretion statement — Failure to make — Adultery proved in earlier proceedings — Adultery denied — No proof of perjury

  HUSBAND AND WIFE — Divorce — Discretion — Failure to pray for exercise — Denial of adultery by petitioner — Petitioner found in previous proceedings to have committed adultery — Denial maintained — No discretion statement — Whether necessary to amend petition — Whether court a discretion to grant decree — Matrimonial Causes Rules, 1957, rr 4, 28

  1 Case considered

  1 Statutory Instrument considered
• Dunn v Dunn (By her Guardian)

  06 Dec 1962 [1963] P 192; [1963] 2 WLR 311; [1963] 1 All ER 440, PDA

  Subsequent considerations : 1 positive.
  HUSBAND AND WIFE — Divorce — Insanity, on ground of
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Insanity, on ground of — Care and treatment — “Interruption” — Absence from hospital for more than 28 days under out-patient treatment — Divorce (Insanity and Desertion) Act, 1958, s 1 (3)

  1 Words & Phrases considered

  1 Statute considered
• Williams v Williams (Divorce: Cruelty)

  19 Jul 1962 [1963] P 212; [1962] 3 WLR 977, CA

  27 Jun 1963 [1964] AC 698; [1963] 3 WLR 215; [1963] 2 All ER 994, HL(E)

  Subsequent considerations : 7 positive; 1 neutral. Subsequent citations: 9.
  CRIME — Insanity — M'Naughten Rules

  HUSBAND AND WIFE — Cruelty — Insanity
  Expand

  Case index catchwords

  CRIME — Insanity — M'Naughten Rules — Whether applicable outside field of crime — Divorce — Cruelty

  HUSBAND AND WIFE — Cruelty — Insanity — As defence — M'Naughten Rules — Applicability as defence to cruelty

  9 Case(s) considered