THIRD HEARING.

Ashburton Guardian, Volume 54, Issue 193, 29 May 1934, Page 3

THIRD HEARING.

MAN SEEKS A DIVORCE. (Per Press Association). CHRISTOHURCH, May 28. A divorce case which has already been argued before the Supreme Court and the Court of Appeal came once more before the Supreme Court tins morning. Mr Justice Johnston was on the Bench. , ~. \ The petitioner was Charles Albeit Ormond John Keast of Tmiaru edectrician, and respondent Ella Louise Keast. , The petition was based on a sepaiation order. This petition was once disallowed in the Supreme Court, ana was then taken to the Court of Appeal, where a point of law was settled, and the dispute was referred back to the Supreme Court for decision in point of fact. ~. . -, Mr Pope, for the petitioner, said there was a preliminary disagreement between counsel. They could not agree as to who was to open the case. The petition was based on a Magistrate's separation order, and there was a prima facie case for divorce. JLtte only question that would arise was the allegation of wrongful conduct on the part of tho petitioner. The onus ot proof therefore rested on the respondent, so that the respondent must begin. , , , Mr Cuthbert, lor the respondent, said the separation order had been made because of the husband's failure to provide adequate maintenance, and his lack of intention to do so. The Court of Appeal had decided that the Magistrate's order was not conclusive evidence that the separation was due to a wrongful act on tho part of the husband. Before that it had been assumed to be the law. It was submitted, however, that tho order was a barrier to the husband's claim, and that the onus was on the petitioner to show that Jl.io order was wrongly made. The Judge ruled that tbe respondent's ease .should be presented first, as upon her rested the burden of proof. Mrs Keast then gave evidence.