DIVORCE REFUSED

Auckland Star, Volume LXVII, Issue 237, 6 October 1936, Page 11

DIVORCE REFUSED

HUSBAND'S PETITION.

ALLEGATIONS NOT PROVED.

CREDIBILITY OF EVIDENCE.

Holding that James Graham Shaw (Mr. Dickson), farmer of Clevedon, had not proved his allegation of misconduct by his wife, Olive Gladys Shaw (Mr. Alan Moody), with Leslie James Matthews (Mr. V. R. Meredith), labourer, his Honor, Mr. Justice Johnston yesterday afternoon dismissed hio petition for divorce. Where a man sought to divorce his wife on the grounds of adultery the charge had got to be proved, said hi« Honor. Ihe question to be determined in this case was whether the witnesses for the petitioner, or the respondent and co-respondent, were to be believed. petitioner's case was not improved if he did not come into the Court with more or less clean hands, and if he could not show that the ground alleged was the real clause of the action. His Honor said that the wife had obtained in the Magistrate's Court a maintenance order on the ground of her husband's persistent cruelty, continued his Honor. Tn the face of that the husband clnimed that there were no grounds whatever for any complaints against him. That claim was not borne out by the evidence. His Honor criticised the evidence of the petitioner's Maori witnesses, and said he had 110 hesitation whatever in savin" that lie thought the petitioner had failed to make out a case of adultery against his wife and the corespondent. The petition would be dismissed with costs on the lusher scale anainst petitioner, and an allowance ot £15 15/ for the second day.