Hole v Hole [1914] ZAWLD 2 (3 February 1914)

Reported
Flynote

Husband and Wife.-Divorce.-Malicious Desertion.Restitution of conjugal rights outside jurisdiction.

Case summary

A husband domiciled on the Witwatersrand was now residing in England, where he had deserted his wife. The latter, who was desirous of going to England,
now applied for leave to enable the return to the order for restitution to be made there. Held, refusing the application, that only under special circum stances as e.g., in Rooth v. Rooth (1911 T.P.D. 47) would the return
to such ari order be permitted outside the jurisdiction.


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