A POINT OF LAW.

Taranaki Daily News, 6 October 1922, Page 5

A POINT OF LAW.

PHASE OF DIVORCE ACT. ARGUMENT BEFORE FULL COURT. By Telegraph.—Press Association. Wellington, Last Night. The Full Court heard argument thia afternoon on a point arising out of the litigation between Marjorie Salaman and Abraham Wall Mahomed Salaman. The plaintiff, Marjorie Salaman, brought i an action for damages against the de- ! fendant for malicious prosecution and wrongful arrest. The alleged wrongs occurred during the period between the granting of a decree, niai and the mak- > ing absolute of the decree for divorce between the parties. The following question was ordered to 1 be argued before the trial of the action for damages: “Whether, after a decree absolute has been made for the dissolution of marriage, a wife can sue her husband for personal injury committed by him in the interval between the decree nisi and the decree absolute.” Mr. M. Myers. K.C.. and with him Mr. Leicester, appeared for the defendant, and Mr. Jellicoe for the plaintiff. Mr. Myere cited authority to show that a marriage was not dissolved until the decree was made absolute, and he said if that were so it was quite clear no action could be brought by the wife against her husband for personal injury committed by him in the interval between the decree nisi and the decree absolute. Mr. Jellicoe. for the plaintiff, contended that the decree absolute related back to the time of the granting of the decree nisi, and therefore the husband could be fined by the wife 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.