DIVORCE PETITIONS

Dominion, Volume 14, Issue 230, 23 June 1921, Page 4

DIVORCE PETITIONS

GRAVE CAUSE FOR APPLICATION MUST BE SHOWN A JUDGE’S WARNING "I am not going to grant divorces to people who have merely been separated for three years," remarked Judge Salmond in the Divorce Court yesterday, during the hearing of an undefended petition in divorce. "Parties will have to show ground and grave cause for their applications, and will have to prove that it is not from wanton desire to sever matrimonial ties that the applications are made."

The Judge’s comments were made during the hearing of a ease in which Robert Stuart Jackson, musician, petitioned against Myra Al.ay Jackson on the ground I hat the parties had been legally separated since 1917, application being mado under section 4 of the Divorce and Matrimonial Causes Act of 1920. For the petitioner, Air. T. Noave said that tho parties were married in 1910, in AfelIxiurne. there . being one child of the marriage, which had been in the custody of petitioner, since the separation. Coun. sei added that the petitioner alleged, and could prove, adultery on the part of the respondent with a man at Timaru, but no charge on that count was included on the petition. His Honour expressed surprise that the charge had not been made in the petition. Ho emphasised that under section 4 the Judge’s powers were discretionary, and it was necessary that a case be clearly defined. Despite His Honour’s objection, Afr. Nenve elected to continue with the case. His Honour expressing himself satisfied. Giving evidence, the petitioner said that he had intercepted certain letters from one Kenning to the respondent, addressed to a. fictitious person. Evidently the respondont had assumed a false name in' order to be able to receive letters from the man. Petitioner complained of this, and of other men, and alleged that the respondent had admitted acts of adultery. On one occasion, petitioner alleged, respondent went to Invercargill, accompanied by her little son, aged six. On her return, the son told his father that his mother had been with a man.

During the hearing of evidence, His Honour obtained an admission from tho petitioner that he had, during the term of the separation, lived with his wife for a short period. This, the Judge thought, was sufficient to terminate the separation deed. The case was adjourned in order that full legal argument might be heard.