Blacker v Blacker

Subject Matter

HUSBAND AND WIFE — Desertion — Three years from presentation of petition — Amendment to pleading — Amendments of cross-petition and reply to cross-petition to allege desertion — Three years' desertion not completed at date of original petition and answer — Three years' desertion completed at date of hearing — Validity of amendments — Effect of disposing of original prayer before allowing amendments — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 1 (1) (b) - — Matrimonial Causes Rules, 1957 (S.I. 1957, No. 619), r. 3 (2) — R.S.C., Ord. 70, r. 1.

PRACTICE — Non-compliance with rule of court — Dispensation by court — Whether court empowered to authorise disregard of rule in advance — New petition for divorce before prior petition disposed of — R.S.C., Ord. 70, r. 1.

HUSBAND AND WIFE — Desertion — Three years from presentation of petition — Amendment to pleading — Amendments of cross-petition nd reply to cross-petition to allege desertion — Three years' desertion not completed at date of original petition and answer — Three years' desertion completed at date of hearing — Validity of amendments — Effect of disposing of original prayer before allowing amendments — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 1 (1) (b) — Matrimonial Causes Rules, 1957 (S.I. 1957, No. 619), r. 3 (2) — R.S.C., Ord. 70, r. 1.

PRACTICE — Non-compliance with rule of court — Dispensation by court — Whether court empowered to authorise disregard of rule in advance — New petition for divorce before prior petition disposed of — R.S.C., Ord. 70, r. 1.