New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 11

11 Failure to comply with decree equivalent to desertion

(1) If the respondent fails to comply with a decree of the Court for restitution of conjugal rights such respondent shall thereupon be deemed to have been guilty of desertion without reasonable cause and a suit for dissolution of marriage or for judicial separation may be forthwith instituted and a decree nisi for the dissolution of the marriage or a decree of judicial separation may be pronounced on the ground of desertion although the period of three years may not have elapsed since the failure to comply with the decree for restitution of conjugal rights.

(2) Such decree nisi shall not be made absolute until after the expiration of six months from the pronouncing thereof unless the Court fixes a shorter time.