Supreme Court COLLUSION IN DIVORCE SUSPECTED BY CROWN

Press, Volume XCIX, Issue 29179, 13 April 1960, Page 13

Supreme Court COLLUSION IN DIVORCE SUSPECTED BY CROWN

An order seekin the leave of the Court for the Sol-icitor-General to intervene in a divorce suit, on the ground of suspected collusion among the parties to the suit, was granted by Mr Justice Macarthur yesterday in the Supreme Court. Mr Roper, in a sworn affidavit for the Crown, said the SolicitorGeneral sought to intervene in a petition for a divorce in which, on November 25, 1959, Arthur James Wallcroft, a poultry processor, of Christchurch, was granted a decree nisi in divorce against his wife, Joan Elizbeth Jane Wallcroft on the ground of her adultery with Malcolm McFarlane, a timber worker, of Christchurch. The. petition was not defended.

Mr Roper, in a sworn affadavit put into Court, said that after November 23, 1959, information was received by the SolicitorGeneral from which he suspected that the parties to the suit were, or had been, acting in collusion for the purpose of obtaining a divorce contrary to the justice of the case. The Solicitor-General desired, the affidavit continued, to intervene in the suit, alleging such collusion and to show cause against making the decree nisi absolute, and for that purpose to subpoena witnesses to prove collusion. His Honour directed that the

Solicitor-General file a plea in Court within 21 days of the order being granted, and within 24 hours of having done so the Solicitor-General should deliver a copy of the plea to solicitors for the petitioner, respondent and co-respondent.

Mr Roper said that all three parties to the divorce suit had filed an address for service In the cause, so that delivery should be easily effected. His Honour asked Mr P. G. S. Penlington, who appeared for the petitioners, if he had any objections to the order being made. “I cannot consent, sir, but I have no submissions to make,” Mr Penlington replied. Conjugal Rights Petition A petition by Geoffrey Edward Albertson, a clerk, of Christchurch (Mr B. J. Drake) for restitution of conjugal rights against Colleen Joy Albertson (Mr B. G. Dingwall) was begun in the Supreme Court yesterday before Mr Justice Macarthur. Mrs Albertson defended the petition, sought custody of the two infant children of the marriage, and asked the Court that the registration of the parties joint family home be cancelled. After hearing evidence called on behalf of both parties his Honour adjourned the hearing until 11 a.m. today.