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H and W were married in 1925 and had two children. Except for the war, H and W continued to live together until 1958. H complained that W throughout the marriage continually assaulted him, and used offensive and obscene language. W also frequently demanded sexual intercourse with H when he did not wish to have it and used violence on H until he agreed to perform. H complained of these circumstances, even by solicitor, but continued to live with W and even to have intercourse. H applied for a divorce. That petition was denied based on condonation. H appealed.

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