Loudon v. Loudon

The opinion of the court was delivered by

Perskie, J.

This appeal brings up for review the dismissal by the advisory master of the husband’s petition for divorce based on adultery, and also the wife’s counter-claim for separate maintenance, and which counter-claim was likewise based on adultery. The facts developed are fully set forth in the conclusions of the advisory master.

The primary question involved in the husband’s ease against the wife is whether we should feel bound, as did the advisory master, by the rule of law invoked by the wife, which prohibits either spouse from testifying…