DIVORCE CAUSES

Poverty Bay Herald, Volume LIV, Issue 16706, 25 July 1928, Page 7

DIVORCE CAUSES

HIGH COURT POWERS AN AMENDING BILL ALIMONY AND MAINTENANCE (Parliamentary Reporter.) WELLINGTON, this day; The Supreme Court of New Zealand is given the additional powers possessed by the High Court of England by a clause y in the Divorce and Matrimonial Causes Bill introduced by Governor-General’s Message to the House of Representatives last evening. The clause relating to alimony and maintenance is talyen from the English Act of 1928. 'lt rids the -New Zealand law of a confusion created by apparently conflicting provisions of the Act of 1908. This Bill contains 58 clauses, and while primarily a consolidating measure it amends the law in certain important respects, since it has been deemed wise to take advantage of improvements made in the English Act. One of these is the use of the word “divorce” instead of “dissolution of marriage.” Failure . to comply with a decree for the restitution of conjugal rights is made a ground for judicial separation as it is in England. This also remains a ground for divorce in New Zealand. The rule as to the. retention of her. doffiicile bv a deserted wife; notwithstanding that her husband' has' changed his domicile, is extended so as to apply to the case of a wife who lias been separated from her husband by agreement or otherwise. QUESTION OF COLLUSION

The subject of collusion has been cleared up, the law being declared that except, in the case of adultery collusion is only a discretionary bar to relief. It has also been made clear that connivance is a bar in the case of adultery only. This is necessary since it is absurd to talk about connivance when relief is sought on other grounds, such as the existence of an agreement for separation. Until the Divorce Act of 1898 was brought into operation, a wife could not < obtain divorce on the ground of adultery only, unless it was incestuous adultery, or accompanied by bigamy. She had to prove, in addition, either cruelty or desertion for two years. THe Act of 1898 altered the law on the subject, and gave a wife the right to obtain a divorce on the ground of adultery if committed after the Act of 1898, cam®, into force. After- a lapse of 29 years it seems unnecessary to maintain the’ distinction, and it therefore has been abolished. The. chance, of there being a case where a wife desired a divorce, because her husband had committed adultery prior to June 1, 1898. and had not committed any matrimonial offencesince, is remote indeed. Although the Minister of Justice has not explained the Bill to the House, ah intelligent reading of the measure doesnot indicate that the grounds for . divorce in New Zealand have been increased, only 10 causes being mentioned —adultery, wilful desertion, 'habitual drunkenness, seven years imprisonment for murder, or attempted murder bf the petitioner or children, of. wounding ot causing them actual bodily harm, insanity,' (two classes), failure to comply with‘an order for restitution, an agreement for separation in force for three years, and judicial separation for a similar period. '