DIVORCE LAW.

Oamaru Mail, Volume XXXIX, Issue 10765, 13 May 1911, Page 2

DIVORCE LAW.

IMPORTANT ISSUE DECIDED. (Peb Press Association.) Christchureh, May 12. A. case of considerable importance in divorce law Las been ended at tbe recent sittings of the Court of Appeal m Wellington. Over two and a-lialf years ago Mrs Genet, of Christchurch, petitioned for a dissolution of her marriage on the ground of desertion. Tbe case was beard by Mr Justice Denniston, and during the hearing of the case it appeared that Mrs Genet, five years before 'making the application for divorce, had obtained an order of judicial separation against her husband on tlic grounds of persistent cruelty and failing to maintain her. It was held by Mr Justice Denniston that an order of that character was a bar to a petition for divorce on the ground of desertion, as it could not he said that a wife had a right 'to complain of desertion which she herself brought about by a separation order. There was a great conflict of authority on the point alike in England', Australia, and New Zealand. By arrangement with petitioner's counsel the case was sent direct to the Court of Appeal. The Attorney-general intervened in order that the practice might be settled for the whole of New Zealand. After argument had been heard, the Court of Appeal withheld its judgment pending the decision of the English Court of Appeal in the similar case of Harriman v. Harriman. That decision followed the views of Mr Justice Denniston, except that certain judges were of the opinion that if the separation had been made on the .grounds of persistent cruelty the result might have been, affected. It was well known during the past two years that the Government intended to amend the law so that a separation might not bar a petition for divorce on the grounds of desertion. During the last session of Parliament a provision meeting that object was introduced into the Destitute Persons Act. Counsel for the petitioner in the Genet case then applied to the Court of Appeal for its judgment, in view of the altered state of the law. He has now been informed that the decree asked for has been made. This is the first case of the kind in New Zealand. Mr M. Donnelly was counsel for the petitioner throughout the proceedings.