Donaldson v Donaldson [1911] ZATPD 120 (15 August 1911)

Husband and Wife - Action for Judicial Separation Bar - Lunacy -Discretion of Court

The fact that a spouse is insane is no bar to an action against such spouse for judicial separation and the Court at its discretion may proceed with the action or stay it.

Where a spouse was suffering from temporary insanity, had not been judicially declared a lunatic and was likely to be of sound mind within a few months, the Court ordered an action for judicial separation, brought against him, to stand over for four months.