THE JUDGE DECIDES.

Auckland Star, Volume LIX, Issue 120, 23 May 1928, Page 9

THE JUDGE DECIDES.

WEDDING MAY PROCEED. MARRIAGE UNDER DIFFICULTIES. ONE PARENT WITHOLDS CONBENT. (By Telegraph.—Special to "Star.") WELLINGTON, this day. Olio of the unusual duties which devolve upon the King's judges has been performed by Mr. Justice Smith, who has given consent to a marriage which had been prevented by the objections of one party. The case was brought under the Guardianship of Infants' Act, 1026, to obtain an order of the Court consenting to the marriage of a girl 18} years of age with a young man of full age. During the past two years the parties lived on adjacent farms, l became friendly, and entered into an understanding to marry. Both wished to be married immediately. The girl's parents (the consent of both parents being necessary) refused to consent, on the ground that the man was "not untainted with mental infliction," as stated in the father's affidavit. They were supported in this attitude by the secretary of the Society for the Protection of Women and Children, who expressed her opinion upon the result of one interview with the man.

The opposing parties, by their counsel, said his Honor, very properly agreed to have the man examined by Dr. Hayes, acting medical superintendent of the Porirua Mental Hospital. As the result of his examination, made" in March, Dr. Hayes made an' affidavit that he was unable to find any evidence of mental disorder.

The parents of the girl, by their counsel, Mr. Treadwell, thereupon withdrew their active opposition, and left the decision to the Court. Section 8 of the Guardianship of Infants Act, 1926, did not require examination by the Court, either in a summary way, as was required by Section 20 of the Marriage Act, which it replaces, or otherwise. The matter, was left generally in .the discretion of the Court.

"I am of opinion, nevertheless," said Mr. Smith, that as the consent of the Court to the marriage has the same effect as if it had been given by the person whose consent was refused, it is desirable that the parties should appear personally for examination by the Court, unless there are special reasons for dispensing for their attendance. I have therefore interviewed the young man and young woman, and, after making inquiries as to their financial and personal position, have found no reason for refusing consent to their marriage. The young man exhibited no signs of mental disorder in my presence."

An order was accordingly granted, consenting to the marriage.