DIVORCE PETITION.

Manawatu Standard, Volume L, Issue 113, 9 April 1930, Page 3

DIVORCE PETITION.

UNUSUAL CASE. Per Press Association. ' AUCKLAND,. April 8. A husband who failed to obtain a divorce last September succeeded in the Supremo Court to-day with a new petition on exactly the same grounds. On this occasion the co-respondent’s defence was withdrawn. . Petitioner was John Percival Smith, farmer, of Kaiwaka (Mr Inder), who sought a dissolution of his marriage with Beatrice Smith on the ground of her misconduct with Joseph Archibald McLean (Mr Meredith). After the hearing in September, Mr Justice Smith found that there had existed a conditional agreement that if the petitioner would set his wife free, co-respondent would take her, together with the farm and children, and there would be no defence by respondent or 00-respondnt. His Honour dismissed the petition because he held that 1 it had been instituted and prosecuted pursuant to a collusive agreement between two of the parties to it. • AVhen the new petition came before Mr Justice Ostler to-day, Mr Meredith was granted leave to withdraw tho defence that had been filed. By arrangement between the parties, no application would be made for costs, he said. Mr Inder said that the petition was heard by Mr Justice Smith on September 25 last, and the case was reported in the Gazette Law Reports. Mr Meredith at that time had set up the defence of connivance, condonation and collusion and Mr Justice Smith had dismissed the petition on the ground that there had been collusion. • This was a fresh petition, and the same evidence, much shortened, would be given. The grounds of the petition were the same, but no collusion was alleged by the defence. Petitioner said that he had married respondent on January 22, 1913, and had lived in various parts of N?w Zealand before stttling at Kaiwaka. The neighbouring farm-property belonged to the McLeo,n family, of whom corespondent 'vas one, and he frequently visited petitioner’s house. About two years ago hie wife confessed that she had been misconducting herself with McLean, and when taxed with it McLean also admitted misconduct with her. ; His Honour granted a decree nisi, to be made absolute after three .months, and gave interim custpdv of ono child to petitioner.