DUNEDIN OPINIONS.

Auckland Star, Volume LVI, Issue 218, 15 September 1925, Page 8

DUNEDIN OPINIONS.

(By TelegTaph.—Own Correspondent.) DUNEDIN, this day. The action of the judges in increasing their own powers under the Divorce and Matrimonial Causes Act by amendment of rule 52 under the Act is favourably commented on by members of the Dunedin legal profession. "The new rules regarding trials do not alter procedure in such a way as, in my opinion, to prejudice the rights of litigants in the Divorce Court," said a prominent barrister. "The right of trial by jury where the marital offence alleged is adultery is retained, as that offence should be proved quite as clearly as any criminal offence. It is important that the services of a jury should be at the disposal of parties in these cases, too. Damages aFe frequently claimed, and the quantum of damages should be left to a jury. I think that all other cases may be more satisfactorily tried before a judge alone, and this is particularly the case With regard to all suits of constructive desertion, where the question generally js whether or not the wife has been so treated by-the husband as to justify her in leaving home. This is a question which is eminently one for a judge,"

"I do not think the innovation is a bad one," said another leading barrister. "It is important that a°case of adultery should go before a jury. Desertion, however, is often difficult to decide upon, and a judge is more competent to deal with the matter than a jury. The same applies to other grounds upon which divorce may be granted."