Edwads v Edwards [1912] ZAWLD 15 (13 May 1912)

Husband and Wife.-Divorce.-Malicious Desertion.Right of Party in Default to Appear on Return Day and Obtain Leave to Defend.-Rule of Court, No.33.

On the return day of a rule nisi, made in an action in which a spouse had been duly barred, ordering such spouse to restore conjitgal rights, such spouse is entitled to appear and ask for the removal of the bar and leave to plead.

In such event, as no final judgment has been pronounced, the Court may entertain the application under R. 33 of the Rules of Court.

On the return day of a rule nisi, in an action by a husband for divorce on the ground of malicious desertion by his wife, the latter, who had been duly barred, appeared, and asked that the bar should be removed and leave should be granted her to plead, on the ground that she had discovered that her husband had given false evidence at the trial and that she had a good defence as he had been, guilty of cruelty towards her, details of which she now set out in her petition and corroborated by supporting affidavits: -Held, that considering that the proceedings affected the status of the parties, the wife's application should be granted.