Maynard v Maynard

Subject Matter

HUSBAND AND WIFE — Matrimonial home — Act of 1967, s 1 — Order under — Jurisdiction — Order for husband to leave — Whether jurisdiction to make — Right to occupy — “Rights of occupation”

[1969] P 88; [1969] 2 WLR 22

HUSBAND AND WIFE — Matrimonial home — Act of 1967, s 1 — Order under — Transfer to wife of statutory tenancy — Whether taking effect from decree absolute — Injunction to restrain husband from continuing to reside in home — Power of court to grant before decree absolute — Power of registrar to grant — Molestations and violence — Whether inherent jurisdiction to grant injunction — “Estate” of tenant — Whether entitled to injunction to prevent threatened trespass to future estate — Matrimonial Homes Act, 1967, ss 1 (1) (2) (3), 7 (1) (3) — Matrimonial Causes Rules, 1957, r 77 (a) — Matrimonial Causes Rules, 1968, r 104 (1) — Supreme Court of Judicature (Consolidation) Act, 1925, s 45 (3)

[1969] P 88; [1969] 2 WLR 22

LANDLORD AND TENANT — Rent restriction — Divorce — Transfer of statutory tenancy to wife — Trespasser — Wife's right to injunction — Whether wife having “estate” — “Spouse … deemed to be the tenant” — Whether present right to protect future interest by injunction — Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, s 17 (2) — Supreme Court of Judicature (Consolidation) Act, 1925, s 45 (3) — Rent Act, 1957, s 19 (3)

[1968] P 88; [1969] 2 WLR 22