Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Restitution of conjugal rights

  • 6 Jun 1973

    WONG CHAN YING-HAN, JULIA v. WONG CHIK-WAI

    Citation
    WONG CHAN YING-HAN, JULIA v. WONG CHIK-WAI
    Court
    Court of Appeal
    Case number
    CACV24/1972

    The appeal is allowed because the evidence established adultery by the husband and, on the facts accepted by the judge, the wife's limited post-discovery cohabitation and intercourse did not constitute condonation: she never intended to forgive and the husband never intended to abandon the adulterous relationship, so condonation was not established and the wife's petition for dissolution must succeed.

  • 10 Apr 1972

    WONG CHAN YING HAN, JULIA v. WONG CHIK WAI

    Citation
    WONG CHAN YING HAN, JULIA v. WONG CHIK WAI
    Court
    Court of First Instance
    Case number
    HCA236/1971

    Court preferred the petitioner's credibility, accepted that the respondent admitted adultery and that his letters showed an infatuation but concluded that the petitioner, by resuming relations without evidence of mutual intent to treat the period as a trial for reconciliation under s.51(2), condoned the adultery; accordingly the petition for divorce was dismissed and a decree of restitution of conjugal rights was granted for the respondent.

  • 26 Feb 1969

    W v. W

    Citation
    W v. W
    Court
    Court of First Instance
    Case number
    HCMC55/1968

    Although the petitioner’s credibility and conduct were criticised, those matters were ancillary to the central issue of consummation; therefore the discretion to deprive the successful petitioner of costs should not be exercised. Petitioner is awarded costs of the nullity petition and the cross-petition, to be taxed; medical inspectors’ examination and report fees to be borne jointly and severally by the parties, attendance fees to be borne by the respondent, with the Taxing Master to determine amounts; respondent’s costs taxed under Legal Aid Regulations reg.15 and Legal Aid Ordinance s.19.

  • 26 Feb 1969

    W v. W

    Citation
    W v. W
    Court
    Court of First Instance
    Case number
    HCMC116/1968

    Although the petitioner was found to be an untruthful witness, her dishonesty was ancillary to the central issue of consummation; therefore the court exercised its discretion to award her costs on the petition for nullity and on the cross-petition, to be taxed, and directed specific apportionment of the medical inspectors' fees with the Taxing Master to determine amounts.