DIVORCE PROCEEDINGS.

New Zealand Herald, Volume LXV, Issue 20087, 26 October 1928, Page 17

DIVORCE PROCEEDINGS.

AN UNUSUAL POSITION.

RELIABILITY OF DOCUMENTS. JUDGE REQUIRES AFFIDAVITS. An unusual position aroso in the Supremo Court yesterday in connection with a divorco case brought by Trilby Knight against George 11. Knight, in which Mr. Osborno-Lilly moved before Mr. Justice Smith to mako absolute a decree nisi granted in August last year. The original suit was undefended, but afterwards tho respondent filed affidavits asserting that his non-appearance had been inadvertent, and also denying that ho was guilty of tho misconduct alleged against him. Beyond filing the affidavits, however, tho respondent took no steps, and ho was understood to have since gone to Australia. Mr. Osborne-Lilly submitted that if respondent had seriously intended to contest the suit he would have made application for a rehearing. llis Honor said tho papers filed included virtually an allegation that documents on which the decree had been granted were fabricated. As the petition had not filed answering affidavits, ho could not entertain tho motion to make tho decree absolute.

Mr. Osborne-Lilly suggested that an answering affidavit must be a repetition of tho evidence on which tho decree had been granted, and that respondent's proper course was to come before the Court. His Honor answered that divorco was not merely a matter between tho parties, but ono of public concern. Where there was a suggestion that documents had been fabricated, that suggestion must be answered. Then it would become a question for tho Attorney-General whether the case should not bo tried by a jury.

After further discussion, Mr. OsbornoLilly was granted time in which to filu the answering affidavits. UNDEFENDED PETITION.

WIFE WHO LEFT HOME. An undefended divorco case was dealt with by Mr. Justice Smith in the Supremo Court yesterday. David Chapman (Mr. Herman), petitioned against Elsie May Chapman, on tho ground of desertion. It was stated tlie respondent became discontented with New Zealand conditions and left for England and Australia in 1924. A decree nisi was granted, to be made absolute after three months.