Judgment not to be entered by party to marriage

In force

Judgment in default of appearance or defence is not to be entered in an action in tort brought by one party to a marriage against the other during the subsistence of the marriage, otherwise than with the leave of a judge given on an application.

An application for leave is to be – filed after the time limited for appearance or for the delivery of a defence; and served on the defendant.

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344 Judgment not to be entered by party to marriage