AMENDED DIVORCE ACT

Otago Witness, Issue 3556, 9 May 1922, Page 25

AMENDED DIVORCE ACT

AN APPEAL DISMISSED. WELLINGTON, May 3. The Court of N Appeal heard argument this afternoon in the case of Lodder v. Lodder, an appeal against the judgment of Mr Justice Salmond in October last, whereby a decree nisi for the dissolution of the marriage of the parties was made. The husband, William George Lodder, petitioned for a divorce on the ground that the parties had been separated under a deed of separation since September 19, 1903 Mr Justice Salmond, in the exercise of the discretionary power conferred on him by the Divorce and Matrimonial Causes Act Amendment Act, 1920, granted a decree nisi. Mr E. G. Jellicoe appeared for Mrs Lodder, the appellant, and Mr A. W. Blair for the respondent. When Mr Jellicoe opened his argument Mr Justice Sim intimated that unless Mr Jellicoe could distinguish this case from the Appeal Court case of Mason v. Mason it was useless for him to proceed. Mr Jellicoe said he could not distinguish the case on the facts, but he contended that Mr Justice Salmond had exercised his discretion in granting divorce on a wrong principle. The court again informed Mr Jellioo'* that unless he could distinguish the present case from the case of Mason v. Mason he was merely wasting the time of the court. Mr Jellicoe thereupon concluded his argu< ment. Mr Blair was not called upon to argue, and the court delivered its decision orally, Mr Justice Sim, in his _ judgment, said that according to the decision in Mason y. Mason the petitioner had a prima facie right to a dissolution of marriage, and unless Mrs Lodder could show some reason for the court not granting it the divorce decree was properly made. Nothing had been brought forward in evidence to war rant the court in refusing to exercise ita discretion in petitioner’s favour. In hi# opinion the appeal should be dismissed. _ Mr Justice Hosking and Mr Justice Stringer concurred, and the appeal was therefore dismissed without costs.