JUDGE'S HASTY REMARK.

Auckland Star, Volume LI, Issue 125, 26 May 1920, Page 10

JUDGE'S HASTY REMARK.

AFFECTS DIVORCE LAW.

N ; 'A BLOW TO MORALITY,

■ ; (By Telegraph.—Preis Associati.in.) ' ■WKIXEfGTON', Tuesday. ■ Sitting in divorce to-day Mr. Justice (Elwuds was again prompted to express ife regret at tie repeal of the law which

made failure -to obey an order, for the '' restitution of conjugal rights constitute a ground for divorce.

"The origin of the movement for the

repeal of the law," said 'his Hoiior, "is traceable to a remark made once •by'the 'late/ Mr. Justice iDeniiiston in the Supreme Court .at New Plymouth. CounBcljwas about to open a, case in which restitution *'of <Anjugal rights was the main question, when his Honor observed: on with the farce Mr. .'

"This utterance'led to a widespread .opinion that divorce by way of proceedjrogfe for the restitution of conjugal rights was a farce,' and the Legislature barred the way to fiTrther 'farces' of the kind. It has been' contended that since the

repeal there is a danger that' married ?* persons,' who, are no longer cohabiting

aa man and wife, may be induced to - »ecept misconduct as the only 'way out.' -1 repeat what I said on a former - occasion. The repeal of the provisions *in the divorce law to which I have J referred was a T>low ( to morality. The ~ Temarjc made 'by Mr. Justice Denniiston • was incautious, and I can now cay froin v Imy seat upon the Bench that no one . regretted more than Judge ■'Denniston ; himself -the fact that be liad made that ; incautious remark, arid that it had led ;to the repeal of provisions • which his -Honor recognised quite as I do, '.! were in the interests of morality. Ido « not speak of what I do not know. T £apeak of personal conversation with ', Judge Dcnniston and other Judges upon »tiiis very matter." ■li 3 ?**■