JOCKEY'S DIVORCE

New Zealand Herald, Volume LXXIV, Issue 22864, 20 October 1937, Page 21

JOCKEY'S DIVORCE

INTERVENTION FAILS NOTED AUSTRALIAN RIDER SYDNEY COURT JUDGMENT [FROM OUIi own correspondent] SYDNEY, Oct. 15 The decree of divorce granted in June to David Hugh (Darby) Munro, noted Australian jockey, is to stand. Giving reserved judgment this week in the intervention suit, Mr. Justice Boyce said that, in his opinion, the proper course was to decline to rescind the decree nisi granted to Munro, as requested, because, although condonation of the adultery had been proved, it had been cancelled by Mrs. Munro s subsequent adultery with Hartmann, the co-respondent in the divorce suit. A decree nisi was granted to Munro last June for divorce from Iris Veronica Munro on the ground of adultery with Arnie Hartmann, who was joined as co-respondent. Subsequently Mrs. Maud Fisher, mother of Mrs. Munro, was granted leave to show cause why the decree nisi should not be made absolute on the ground that Munro bad condoned his wife's action by resuming matrimonial relations since the granting of the divorce. Munro denied these allegations, and set up an alibi. Wife's Demeanour In the course of his judgment, His Honor said that the parties were all young. Munro was about 24, his wife 22, and the co-respondent, Hartmann, 24. Mrs. Munro, said' His Honor, began her evidence in a subdued tone, so much so that she could hardly be heard. Later her demeanour changed entirely, until, at the end, she was prepared to take charge of the proceedings evidencing a desire to crossexamine counsel and to address the Court generally. Mrs. Munro was an attractive, tastefully dressed, bright young woman, added His Honor. At one time she was on the stage in the ballet. She had a smile for everybody in Court. He could understand that she was attractive to Munro, as, he believed, she still was, even after the decree nisi. Munro.. was clearly very fond of his wife. In her evidence, Mrs. Munro was guilty of gross exaggeration on many occasions, said His Honor, and on a number of occasions she deliberately told untruths. Man of Considerable Property Mrs. Fisher, the intervener, had been living apart from her husband for many years, and derived no support from him; she got it from her daughters, and in the last three years bad received £2OO from Mrs. Munro. His Honor thought Mrs. Fisher was anxious that her daughter should retain Munro as her husband because he was a successful man, with considerable property. "Believing, as I do, that condonation took place," said His Honor, "if there was nothing more, I should rescind the decree; but a further question arises as to whether adultery, committed by Mrs. Munro after the condonation, cancels the condonation, and enables Munro to hold his decree. I believe that adultery did so take place, and that Munro would be entitled to at once file another petition on the ground of the adultery."