Slez v Slez [1913] ZAWLD 22 (31 July 1913)

Husband and wife - Judicial separation order subsisting - Action for restitution of conjugal rights - Jurisdiction of Court - Agreement to resume cohabitation

An existing decree of judicial separation must be set aside by the Court before either of the parties to it can sue for a divorce on the ground of malicious desertion.
Smit v Smit (1909, T.S. 1067) followed, but doubted.

The fact that there was an agreement between the parties to resume cohabitation would make no difference.