How have the Lords of Appeal dealt with a husband's claim for divorce from his first wife in New South Wales?

Alberta, Canada


The following excerpt is from Wood v. Wood, 1974 CanLII 242 (AB QB):

The learned Lords of Appeal refer to the case of Travers v. Holley, [1953] P. 246, [1953] 2 All E.R. 794. In that case a husband and wife domiciled in the United Kingdom married in 1937 and shortly thereafter moved to New South Wales. The wife alleging desertion in 1940 filed a petition for divorce in New South Wales in 1944 and the husband was served. The petition was granted and both parties remarried. The husband filed a petition in 1952 in England against his first wife alleging that the Australian divorce was invalid, because at the time it was granted neither husband nor wife was domiciled in New South Wales. The true reason of the petitioner was to rid himself of his second wife because if the New South Wales divorce was not valid, he was still married to his first wife and his marriage to his second wife was a nullity. It may be said that in the present case, the real reason for this petition is so that the petitioner may treat her second marriage to Vides as a nullity.

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