FULL EVIDENCE WANTED

Auckland Star, Volume LIX, Issue 118, 21 May 1928, Page 9

FULL EVIDENCE WANTED

IN DIVORCE ACTIONS. JUDGE BLAIR'S OBSERVATIONS ADMISSIONS OP ADULTERY MUST BE SUPPORTED. The necessity for complete proof of misconduct in undefended divorce suits in which the offence is the ground of action was emphasised by Mr. Justice Blair in a judgment in the case of Wilkie v. Wilkie which came before the Court on Saturday.

His Honor said the evidence tendered in support of the allegation in the petition was that of petitioner herself, who deposed to be fact that her husband had admitted to her that he, during her absence in Sydney, had committed misconduct with petitioner's sister. Another witness was called and deposed to be fact that the husband had made a like admission to her, and produced a written admission signed by the husband. This was all the evidence tendered. On the ground that there was not sufficient proof of the adultery alleged he at first refused to make any decree, and adjourned the matter for further evidence.

"As petitioner was represented by experienced counsel and he claimed that the evidence was sufficient," continued His Honor, "I think it well to make it clear that in my opinion admission written or verbal by respondents are not proof of adultery, but amount to no more than corroborative evidence of adultery when other facts tending to prove adultery have been established. The fact that more than one witness deposes to admission fnade by the respondent has\no greater probative value that proof of one admission. Petitioner has now produced an independent wit-' ness who proves facts already clearly pointing to proof of adultery on the part of the respondent."

"There is, therefore, now proof of the adultery alleged, and I make . the usual decree."