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A
TREATISE
OF
MARRIAGE AND DIVORCE:
WITH THE
PRACTICE AND PROCEDURE
IN
Divorce and Matrimonial Causes;
THE ACTS, RULES AND REGULATIONS,
WILLIAM RIDGWAY, 169, PICCADILLY, W.;
STEVENS AND HAYNES, BELL YARD.
1879.
LONDON:
G. NORMAN AND SON, PRINTERS, MAIDEN LANE,
COVENT GARDEN.
CONTENTS.
INTRODUCTION.
Constitution and Jurisdiction of the Court-Appellate Juris-
diction-Sittings of the Court-Sittings in Chambers—
Power to make Rules-Registrars-Effect of the Judi-
cature Acts
Page 1
CHAPTER I.
Marriage Laws of England-Proof of Marriage-Foreign
and Colonial Marriages-Conflict of Marriage Laws-
Effect of Foreign Divorces-English Domicil the founda-
tion of the right to sue
Page 7
CHAPTER II.
General Procedure in all Suits-Minors; Lunatics; Paupers
-Protection of Deserted Wife's Property
CHAPTER III.
Page 35
Of Suits for Dissolution of Marriage, and for Judicial
Separation - Suit by the Husband - Co- respondent-
Alleging Adultery-Evidence of Adultery-Identity of
the Parties Costs against Co - respondent; against
Respondent Damages Wife's Suit Incestuous
Adultery - Bigamy with Adultery Rape-Cruelty-
Desertion
Page 55
-
CHAPTER IV.
Defences in Suits for Dissolution of Marriage and for
Judicial Separation-Statutable Provisions-Intervention
by the Queen's Proctor-Absolute Bars: Connivance;
Condonation; Collusion-Discretionary Bars: Peti-
tioner's Adultery; Unreasonable Delay; Cruelty; Deser-
tion or Wilful Separation; Wilful Neglect or Misconduct
conducing to Adultery-29 Vict. c. 32, s. 2-Wife's Costs
after Suit
Page 107
CHAPTER V.
Of Suits for Decrees of Nullity of Marriage-Impotency or
Malformation-Grounds of Nullity under the Marriage
Acts: Banns; Licence; Due Notice to Registrar
Insanity-Consanguinity or Affinity-Prior Marriage-
Defences in Suits of Nullity-Costs
Page 155
CHAPTER VI.
Of the Suit for Restitution of Conjugal Rights-Defences—
Suit for Jactitation of Marriage
Page 188
CHAPTER VII.
Provision for Wife: Alimony pendente lite- Permanent
Alimony on Sentence of Judicial Separation-Permanent
Provision for the Woman on Decree of Dissolution of
Marriage Settlement of Damages
Page 194
CHAPTER VIII.
Settlement of Property to which a Wife is entitled in Posses-
sion or Reversion-Marriage Settlements-Costs
Page 216
CHAPTER IX.
Custody of Children - Custody of, or Access to Children
pending the Suit: On final Decree: After final Decree—
Intervention by third persons .
Page 230
CHAPTER X.
Petition for Reversal of Decree of Judicial Separation-New
Trial-Appeals to Full Court; to Court of Appeal; to
House of Lords-Liberty to Parties to marry again
Page 240
CHAPTER XI.
Procedure under the Legitimacy Declaration Act, 21 & 22