DEFENDED DIVORCE

Evening Post, Volume CXXVIII, Issue 42, 18 August 1939, Page 4

DEFENDED DIVORCE

PETITION DISMISSED

Today, in the Supreme Court, the Chief Justice (Sir Michael Myers) dismissed a petition for divorce brought by Albert A, Owen against Despina Owen. The petition, which- was defended by the wife, was based on an alleged oral agreement for separation by mutual consent.

"I should think it is very unlikely, though it is by no means impossible, that the parties will live together again, but even if it be the fact that they cannot live together again as man and wife, that in itself is not sufficient justification for granting a decree of divorce," said his Honour. If the alleged oral agreement upon which the petition was based was proved, that was a ground upon which, subject to the Court's right to refuse as a matter of discretion, a decree of divorce might be granted. It took two persons to make an agreement, the husband and the wife, and he was by no means satisfied that the wife agreed to separate.

When all the circumstances and facts were examined the case looked more like one of constructive desertion on the husband's part. However, the wife had not chosen to cross-petition, and he could not decree a divorce in her favour which was not sought. His Honour added that, even if the petitioner had proved the existence of an oral agreement, he should be very strongly disposed to exercise the discretion of the Court, given in the Divorce and Matrimonial Causes Act, against him.

His Honour dismissed the petition with £25 costs, together with disbursements and witnesses' expenses, and with ten guineas extra for the first extra day of trial and five guineas for the second day.

Mr. C. O. Bell appeared for the petitioner and Mr. A. J. Mazengarb for the respondent.