UNUSUAL DIVORCE.

Auckland Star, Volume LXI, Issue 83, 8 April 1930, Page 5

UNUSUAL DIVORCE.

SECOND PETITION SUCCEEDS. COLLUSION - NOT ALLEGED. ADMISSIONS OF MISCONDUCT. Unusual circumstances were disclosed in proceedings for divorce "brought before Mr. Justice Ostler in the Supreme Court this morning. The parties were Jelin. Percival Smith (Mr.•• Inder), petitioner, Beatrice Smith, respondent, and Joseph Archibald McClean, who was cited as co-respondent. Mr. Meredith, representing the corespondent, said a defence had been filed, but he had been asked to apply for its withdrawal. Permission was accordingly granted for the case to be heard as an undefended suit. A first petition had been brought and heard before Mr. Justice Smith in September last year. The defence on that occasion was connivance, collusion and condonation, and the judge dismissed the petition because he found there was collusion. ■ . ■ Since then a fresh petition had been prepared, but there was no allegation of collusion in the defence. This petition, like the former one, was brought on grounds of misconduct. At the hearing last September misconduct was admitted by the respondent and co-respon : dent. " John P. Smith, the petitioner, said he was a farmer at Kaiwaka, North Auckland. He was married to the respondent in January, 1913, and there was one child of the marriage. Adjoining his farm was that of the father of the corespondent. "Archie" McClean had been a frequent visitor to the petitioner's home over a period of years. For two or three years prior to 1928 witness and his wife had occupied separate rooms. When a child was born the respondent told witness that co-respondent wae the father and a similar admission was made by the co-respondent. During the absence of the petitioner the co-reepondent frequently visited the Smith home and stayed for a considerable time, said Walter J. Litten, a justice of the peace at Kaiwaka. A solicitor who was junior counsel at the previous hearing deposed to the evidence of misconduct. A decree nisi was granted.