DEFENCE WITHDRAWN

Ashburton Guardian, Volume 50, Issue 152, 9 April 1930, Page 6

DEFENCE WITHDRAWN

AUCKLAND DIVORCE CASE. DISPOSAL OF, A WIFE. (Per Press Association.) AUCKLAND, April 8, A husband who failed to obtain a divorce last September, succeeded in tire Supreme Court to-day with a new petition on exactly the same grounds. On this occasion the co-respondent’s defence was withdrawn. The petitioner was John Percival Smith, farmer, of Kaiwaka (Air Inder), who sought dissolution of his marriage with Beatrice Smith on the grounds of misconduct with Joseph Archibald .AleClean (Air Ateredith). After the hearing in September, Mr Justice Smith found that there had existed a conditional agreement that if petitioner would set his wife free the co-respondent would take her with the farm and the children, and there would he no defence by respondent or corespondent. His Honor dismissed the petition because he held that it had been instituted and prosecuted pursuant to a collusive agreement between two of the parties. When the new petition came before Air Justice Ostler to-day, Mr Meredith was granted leave to withdraw the defence that had been filed. By agreement between the parties, no application would he made for costs. Mr Inder said the petition was heard by Air Justice Smith, on September 25 last. Air Meredith at that time had set up a defence of connivance, condonation and collusion, and Mr Justice Smith dismissed the petition. This was a fresh petition, and the same evidence, much shortened, would be given. The ground of the petition were the same, but no collusion was alleged by the defence. Petitioner said he had married respondent on January 22, 1913, and they had lived in various parts of New Zealand before settling at Kaikawa. A neighbouring farm property belonged to the AlcClean family, of whom co-respondent was one, and he frequently visited petitioner’s house. About two years ago his wife confessed that she had been misconducting herself with AlcClean, and when taxed with it AlcClean also admitted misconduct.

His Honor granted a decree nisi, to he made absolute after three months, and gave interim custody of the child to petitioner.