HL Divorce – Remissio Injuriae. –
Though a husband, who raises an action of divorce against his wife, on the ground of adultery, does not withdraw himself from his house, where his wife chooses to remain, after the summons is served on her, but eats and sleeps separately, under the same roof, he is not held to cohabit with, or to be reconciled to her, so as to raise the plea of remissio injuri as a bar to the action; and, therefore, that plea was, in this case, repelled.
[1742] UKHL 6 – Paton – 675
Bailii
Scotland
Family
Updated: 07 January 2022; Ref: scu.556479