Supreme Court DECREE NISI RESCINDED

Press, Volume XCIX, Issue 29262, 21 July 1960, Page 8

Supreme Court DECREE NISI RESCINDED

Divorce Petition Dismissed An order rescinding a decree nisi granted to Arthur James Wallcroft in his petition for divorce from Joan Elizabeth Jane Wallcroft was made by Mr Justice Macarthur in the Supreme Court yesterday Wallcroft was granted a decree nisi by Mr Justice Turner on November 25, 1958, after evidence, had been given of his wife’s alleged adultery with Malcolm McFarlane, named as co-respondent The petition was not defended. On April 12, last the SolicitorGeneral was granted leave by the Court to intervene in the suit Mr C. M. Roper, for the SolicitorGeneral, alleged that there had been collusion between the parties to the divorce. ’

Yesterday, Mr P. G. S. Penlington moved on behalf of the petitioner that the decree nisi be rescinded by the Court on the ground that petitioner and respondent were living together again. His Honour had adjourned the same motion last week in order that Mr Roper might obtain final instructions from the Solicitor-General Mr Roper yesterday consented to the motion, and said that the Solicitor-General did not seek to move further on his plea of intervention. His Honour made an order rescinding the decree nisi and also ordered that the petition upon which the decree bad been granted be dismissed. He said that there would be no order dismissing the SolicitorG’eneral’s plea for intervention. The prayer would remain on the Court files. On the application of Mr Roper, His Honour ordered that the petitioner pay the Solicitor-General costs of £lO 10s and disbursements.