AN EXTRAORDINARY CASE.

Marlborough Express, Volume XXXVII, Issue 142, 20 June 1903, Page 4

AN EXTRAORDINARY CASE.

In the Divorce Court at Melbourne recently before Mr Justice a'Beckett, Alfred Jamas Smith, of Victoria Street, West Melbourne, foreman, applied for a decree of nullity of his marriage with Sarah Jane Smith on the ground that respondent was a niece of his deceased wife, and was therefore within the proscribed degrees of consanguinity. A second ground was that of desertion for three years and upwards. Petitioner gave evidence that he was married to his deceased wife, Sarah Jane Grant, in November, 1889, and after her death the respondent, a daughter of hia deceased wife's sister, came to look after his three children. On March 31, 1900, he was married to her, and twelve days later she left him and refused to return. At his desire his solicitor saw respondent to ask for her reasons for going away. A few days later he received a letter from her, in which ah© said ; " Dear uncle, I do not intend to come back to you any more." In reply t© His Honor, witness said his wife had not called him uncle before the marriage. Other cvi dence was given that respondent had told a mutual friend who wished her to return that she would n^t, as the marriago was. not legal. -"When served with the citation she said: " I cannot be a wife to him ; the Church forbids it. It would be wrong." She said on both occassions that her husband had been kind to her. Mr Justice a'Beckett said he would be prepared to grant a decree on the ground of desertion. Mr Wadhatn pressed that petitioner was entitled to a decree of nullity on the ground that the parties were within the proscribed degree of relationship, and claimed that the Court must act on the principles of an ecclesiastical court, Mr Justice a'Beckett reserved his decision.

[A cable in Wednesday's issue stated that Justice a'Beckett has annulled the marriage.]