The Archive · 1937

Grounds of Public Policy

Lord Atkin, delivering judgment said that the question was whether a promise made by one spouse, after a decree nisi had been pronounced, to marry a third party after the di cree had been made absolute, w void on the ground of public policy It was not without significance that ihere was no judicial authority on this matter.

Discussing the judgment of Mr. Justice Hawke, Lord Atkin said Mr.

Justice Hawke stated that the promise inconsistent with the obligations of the subsisting marriage. and the mutual loyalty required in marriage.

But what application had this reasening to circumstances as they existed after decree nisi? Not only were the parties not living together, but they were not entitled to require that conjugal right should be restored. The consortium was broken. a London van ing good-bye to h

Text read from the printed page and cleaned; old type leaves the occasional error.

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