High Court of Australia
Kuligowski v aoe f 39 O.L.K.j OF AUSTRALIA. 381
[HIGH COURT OF AUSTRALIA. ]
AINSLIE. z , : i 4 . F APPELLANT ; PETITIONER, AND AINSLIE. d - . F ' é . ResPonDENT. RESPONDENT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Husband and Wife—Restitution of conjugal rights—Suit by husband on ground of H.C. oF A. desertion—Defence—Order of Court of another State for separation having effect 1927. of decree for judicial separation—Consent by husband to order being made— —_ Conflict of laws — Recognition of foreign judgment— Final order—Summary S¥PNEY, Jurisdiction (Married Women) Act 1896 (W.A.) (G0 Vict. No. 10), seca. 2, 3, 5 April 4, 5. —Summary Surisdiction (Married Women) Amendment Act 1902 (W.A.) Mersournr, (1 & 2 Baw. VIL. No. 7), sec. 2—Matrimonial Causes Act 1899 (N.S.W.) (No. gay 30.
e 14 of 1899), sec. 5. i Knox 5. In 1919, a husband and wife being then domiciled and resident in Western Isaacs, Higgins,
etre er a eer at a wei oa atta the Core oc Eatin Gamiondl ae aed Seacke a
Perth, under secs. 2 and 3 of the Summary Jurisdiction (Married Women) Act | --'1896 as amended by sec. 2 of the Summary Jurisdiction (Married Women) f Amendment Act 1902, by a complaint that the husband had deserted her on E 5th August 1919. In November 1919 the husband signed an agreement by | him to an order being made for separation, for maintenance at a certain weekly rate and for a certain sum for costs, and an order was made by which it was adjudged that the complaint was true and it was ordered that the wife be no longer compelled to live with the husband, that maintenance should be paid at the agreed rate and that costs at the agreed sum should be paid to the wife. In 1925, when the husband was domiciled and resident in New South Wales and the wife was temporarily resident there, the husband instituted proceedings in the Supreme Court of New South Wales against the Wife for restitution of conjugal rights on the ground that she had in or about July 1919 without just cause or excuse withdrawn from cohabitation with him and had kept and continued away from him and from cohabitation
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