Point in Divorce Law.

Hokitika Guardian, 6 October 1922, Page 1

Point in Divorce Law.

[ by TEI.ECJHATH —PETt PRESS ASSOCIATION] WELLINGTON, Oct 5. The Full Court heard argument this afternoon oil a jioint between Alajorie Salnmnn and Abraham Wallev and Alaliomed Salaman. The plaintiff, .Marjorie Salaman. brought an action for damages against the defendant for malicious prosecution and wrongful arrest. The allaged wrongs occurred during a period between the granting of a decree nisi and the making absolute of th decree-, for divorce between tho parties. The following question was ordered to be argued before the trial oi the action for damages: “Whether, after a decree absolute has been made lor a dissolution of marriage, the wife can sue the husband for personal injury committed hy him in the interval between the decree nisi and the decree absolute.”

Air Alyers, K.C.. and with him Air Leicester, appeared for the defendant, and Air Jellicoc appeared for the plaintiff. Air Alyers cited authority to show that the marriage was not dissolved until the decree was made absolute, and he said ;if that \vore so it., was quite ektir no action could be brought bv the wife against the husband for personal injury committed by him in tho interval between the decree nisi and the decree absolute. Air Jellicoc, for the plaintiff, contended that the- decree absolute related hack to tho time of the granting ot the decree nisi, and therelore the husband could he sued by -the wile for a tort committed by him against her during the interval between the granting of the decree nisi and the decree absolute. .

The Court reserved its decision