NAVO v. NAVO (Divorce Case No. 28/65)) [1967] SLSC 1235 (04 May 1967);

Search Summary: 

Family Law-divorce-answer-allegation of petitioner's adulteryrespondent cannot give evidence of petitioner's alleged adultery unless cross-petitions:

Family Law-divorce-cruelty-test of cruelty-intention to injure only to be prove

Headnote and Holding: 

Where the respondent to a divorce petition alleges in her answer that the petitioner has committed adultery but does not cross-petition for divorce, she will not be entitled to give evidence in support of her allegation (page 135, lines 10-12

Where the acts of one spouse readily allow the inference of an intention to be cruel to the other, no affirmative evidence of actual intention will be necessary; where the acts do not allow such an inference to be drawn, however, the court will look for evidence of an intention to injure (page 127, line 37-page 128, line 2

Law Report Citation: 
1967-68 ALR S.L. 124