Cooper v Cooper

Subject Matter

HUSBAND AND WIFE — Justices — Conflict with jurisdiction of High Court — Wilful neglect to maintain — Existence of decree of judicial separation — Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), s. 190 (4) — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 20 (2).

HUSBAND AND WIFE — Divorce — Pleading — Previous proceedings — First petition on file — Second petition filed without leave of a judge — Whether a nullity — Jurisdiction of court to give retrospective leave for filing second petition — Matrimonial Causes Rules, 1957, r 3 (2) (as amended by Matrimonial Causes (Amendment) Rules, 1961, r 2)

[1964] 1 WLR 1323

VOID OR VOIDABLE — Pleading — Petition for divorce — Failure to obtain leave to file second petition — First petition on file — Whether filing of second petition irregularity or a nullity — Matrimonial Causes Rules, 1957, r 2

[1964] 1 WLR 1323