DIVORCE GRANTED

Nelson Evening Mail, Volume LXIV, 10 April 1930, Page 6

DIVORCE GRANTED

NEW PETITION SUCCEEDS

(By Telegraph—Special to "Tho Mail”)

AUCKLAND, Bth April. A husband who failed to obtain a divorce last September succeeded in the Supreme Court yesterday with a new petition on the same grounds. On this occasion the co-respondent's defence was withdrawn. The evidence revealed an agreement to sell petitioner’s farm to the co-respondent. The petitioner was John l’ereival 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 McClean- (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 tho co-respondent would take her with the farm and children, and there would be no defence by respondent or co-re-spondent. His Honour dismissed the petition because he held that it had been instituted and prosecuted pursuant to collusive agreement between two of the parties to it. When the new petition came before Mr Justice Ostler yesterday, Air .Meredith was granted leave to withdraw the defence that had been filed. By arrangement between the parties no application would be made for costs, lie said.

Mr Inder said the petition was heard by Air Justice Smith on 25th September last, and the case was reported in the Gazette Law Reports. Air Meredith at that time had set up a defence of connivance, condonation, and collusion, and Air Justise Smith 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 petition were the same, but no collusion was alleged by the defence. The petitioner said he had married the respondent on 22nd January, 1913, and they had lived in various parts of New Zealand before settling at Kaiwaka. The neighbouring farm property belonged'to the McClean family, of whom the co-respondent was one. and he frequently visited petitioner’s house. About two years ago his wife confessed that she had been misconducting herself with McClean, and when taxed with it, McClean also admitted misconduct with her.

His Honour granted a decree nisi, to be made absolute after three months, and give interim custody of the child to petitioner.