DIVORCE SEQUEL

Gisborne Times, Volume LXXXII, Issue 12532, 18 April 1935, Page 3

DIVORCE SEQUEL

DECREE NIST RESCINDED. NEW FACTS BROUGHT TO LIGHT (Press Association). HAMILTON April 17. A case rare in the annals of New Zealand jurisprudence was the subject) of a reserved judgment by Mr Justice Fair in the Supre.mo Court, Hamilton, today, when Hi s Honor rescinded a decree nisj granted to Charles Stephenson a dairy instructor, of Hamilton, against life wife, Ellen Stevenson in September last. A decree granted! on the grounds that the parties mutually agreed to separate and that such separation was in full force for three years or upwards. On December ft. the Solicitor-Gener-al intervened against a tfocrec absolute being made. He alleged that the following material facts, were not brought to the notice of the court: (1) Tlia-ij the petitioner and the respondent were never at any time narties to' an agreement to separate and (*2) : If there was such agreement Bwas not in full force when the de<ree nisi was made, and he prayed for a recision of the decree. The judge unhold' the Solicitor-* *( ueral’s contention, pointing out H'at if the facts as he had them had been before the court originally, the decree would never have been granted 1 . .