COURT NEWS

Grey River Argus, 12 October 1936, Page 7

COURT NEWS

DIVORCE APPEAL (Per Press Association). WELLINGTON. October 9. The Court of Appeal this afternoon was engaged in hearing the ease ot Bennett versus Bennett. Last May, 1.-«>bel .Paul Bennett, of Wellington, tiled a petition for dissolution of her marriage to Joseph Jackson Bennett, based on the ground that she and her husband were parlies to a deed o! separation dated I'ebruary 18, 1933 The suit was not defended. In evidence, the petitioner admitted that intercourse had taken place after February 18, 1933. On the intervention of the Solicitor-General, the matter was argued before Mr. Justice Johnston, who decided that the question turned on the construction to be given to section 10 (1) of the Divorce and Matrimonial Causes Act, 1928. In his judgment, the question whether separation had been in full force must be answered by whether, in fact, the parties had, during the whole of the time completely abstained from entering into a relationship only moral if it were entered into in the status of marriage. Consequently, where on such petition itt wtis show'll that intercourse had been voluntarily entered into by the parties, the petition must be dismissed.

From this judgment an appeal is being heard by the Acting-Chief Juslice (the lion Sii’ John Reed), Mr. Justice Ostler, Mr. Justice Blair. Mr. Justice Kennedy, and Mr. Justice Callan. The hearing was adjourned.

TWO MEN CHARGED. WITH POSSESSING HOUSEBREAKING INSTRUMENTS WELLINGTON. October 10. Two men were apprehended by three members of the detective force in an alley-way in the business part of the city. On being searched one was found to be in possession of gelgnite. detonators, fuse, a jemmy, a hacksaw, eighteen keys and a pair of gloves. The other was carrying a jommy, a hacksaw, an electric torch and a pair of gloves. In the Magistrate’s Court to-day, the two men, William Bowers Bandy, a labourer.' aged 22, and Ronald Thomas Henderson, labourer, aged 25, were charged with being found by night without lawful excuse in possession ot house-breaking instruments. Detective-Sergeant Revell, said that a number of matters had to be investigated, but he though! it would be possible to proceed on October 21. 'Mr. R. Hardie Boys, for the accused, consented to a remand. No application was made for bail.