"PENNY-IN-THE-SLOT"
DIVORCE PROCEEDINGS-TOO
LOOSE
A JUDGE'S REMARKS.
Some trenchant remarks regarding pre-sent-day divorce proceedings were made in Chambers to-day by Mr. Justice Hosking. Several motions having reference to proceedings that were pending were moved by Mr. P. Levi. In the first case it was desired that substituted service should be allowed on the ground that the petitioner had not the financial means enabling her to employ any person tomake enquiries as to the whereabouts of respondent.
" I cannot grant an order on those grounds," said his Honour. "They are altogether too slight. If I made the order we would have all sorts".of people coming here saying that they could not afford to trace' the respondent. These divorce proceedings are becoming looser and looser. Some people seem to regard a divorce as a sort of penny-in-the-slot. I have noticed several cases of late where the papers have been very loose indeed. There will have to', be more attention paid to the requirements of the rules." His Honour said there must bo some method of securing evidence if respondent had abandoned his wife. The motion would be adjourned for further evidence.
Mr. Levi admitted that that was the best course. Counsel explained that he had not prepared the papers. His Honour: I know that if you had prepared them they would not have been like this, but in these times it is necessary to delegate some of your work to clerks.
In the next case, counsel asked for leave to proceed without naming the corespondent. It was alleged that adultery had extended over a lengthy period.
" In that case," said his Honour, "the co-respondent is surely known." The case was ordered to stand over for further proceedings.
The third application was for leave to proceed without service on a co-respon-dent who was at the front.
His Honour asked : " Should a petition go forth embroiling him as co-respondent in a divorce case without giving him an opportunity of answering? lam not sure ■that I should not give him a chance to return before the case proceeds."
Counsel thought that perhaps there could be some form of substituted service-
His Honour: I hardly think so. A man fighting for his country does not have much time to defend a divorce case. You will have to show me some authority before I will make the order.
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https://paperspast.natlib.govt.nz/newspapers/EP19170907.2.87
Bibliographic details
Evening Post, Volume XCIV, Issue 59, 7 September 1917, Page 7
Word Count
391"PENNY-IN-THE-SLOT" Evening Post, Volume XCIV, Issue 59, 7 September 1917, Page 7
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