PARTED COUPLES.

Hawera Star, Volume XLVIII, 25 November 1924, Page 2

PARTED COUPLES.

INVITATION TO RETURN. SINCERITY AND DIVORCE. There is a growing belief that many divorces are ootained quickly through the misuse of some of the forms of our divorce law, and recently there has been considerable alertness on the part of New Zealand judges with a view to preventing this sort of thing. The most common practice is for a couple to part, whereupon one of the parties obtains an order for restitution of conjugal rights, which must be complied with by a certain time, usually 14 days If the order is not obeyed the party who obtained it may then sue for divorce, on- the ground of failure to comply with the original order. For a divorce action to succeed on such a ground it is essential that the petitioner he sincer© in the invitation to the defaulting partner to return home. The judge, unfortunately? or ? perhaps, fortunately for some of the petitioners, has no evidenc© on this point beyond the statement of the petitioner. In two divorce cases at Auckland Supreme Court on Friday his Honor Mr. Justice Herdman put pointed questions to petitioners. In one case a woman was asked by counsel: “Do you want your husband hack?” She gave a veryemphatic “No.” His Honor: Then you cannot get a divorce. There is a recent decision on the point. The petitioner: Ecannot hear very well. ■Counsel: You want your husband back ? Petitio.ner: Yes. His Honor granted a decree. In another case a husband, when asked if he wanted his wife to return, said: “I do not think it is right to have her forced back to me by law.” His Honor: I cannot give you a decree. Do you want her back or do you not ? Petitioner: I want her back as my wife, but she has told me she will only come back as my housekeeper. A decree uisi was granted.