BARTLETT v. BARTLETT

21 VLR 366·WILLIAMS, J.
21 VLR 366
21 VLR 366
BARTLETT v. BARTLETT Supreme Court of Victoria WILLIAMS, J. 31 October 1895 Husband and Wife — Practice — Marriage Act 1890 (No. 1166), s. 78 — Rules 1885, rr. 6, 62 — Dissolution of Marriage — Husband's petition — Allegation of adultery with person unknown to petitioner but not made co-respondent — Reply delivered — Amendment of petition .

Where in a petition by a husband for dissolution of marriage allegations are made of the respondent’s adultery with a person unknown, but the petitioner fails to comply with certain provisions of sec. 78 of the Marriage Act 1890(a) , the Court will not dismiss the petition, even although the pleadings in the suit are closed, but will prevent the suit from being listed for trial until the petitioner either complies with the section or amends the petition by striking out all reference therein to the alleged unknown adulterer.

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