FARM AND WIFE

Poverty Bay Herald, Volume LV, Issue 17231, 10 April 1930, Page 6

FARM AND WIFE

UNUSUAL DIVORCE CASE > i*;*■ ’k t \ c* V X t• h X ? • NEW PETITION SUCCEEDS . i , ' , ! I - '■■ ft -, A husband who failed to obtain a divorce, last September- succeeded in the •Supremo Court at Auckland this week with a. new petition on exactly the same grounds On this occasion the co-res-pondent’s defence was withdrawn. Tho evidence revealed an agreement to sell petitioner's farm to co-respondent. Petitioner was John Porcival. Smith, fanner,' of Kaiwaka (Mr. In dev), who sought a dissolution of his marriage with Beatrice Smith on the ground of her misconduct, with Joseph Archibald lMfCl.ii - .n Air Meredith). A tier Hie hearing in September, Mr. Just ice Sinilli found that there had existed a conditional agreement that if petitioner would sol his wife free, corespondent would take her with the farm and hildren, and there would be no.defence bv respondent or co-respondent. His Honor dismissed the petition bora use he hold that it had -boor, instituted and prosecuted - pursuant to collusive agreement hot ween two of the parties to it. DEFENCE WITHDRAWN • When the new petition' came before Mr. ,Justice Ostler this week, Mr. Meredith was granted leave to withdraw the defence that -had been filed. By arrangement between the parties no application would he made for costs, ho said. 1 Mr. Inder said Hie petition was heard by -Mr. Justice Smith- on September 25 last, and the rase was reported in the fiazotic Law Reports Mr; Meredith at that time had set up a defence of connivance, condonation and collusion, and Mr. Justice Smith dismissed the petition on the ground that there had been collusion. This was a fresh petition, and the same evidence, much shortened, would he given. The grounds of petition were the same, hut no collusion was alleged bv the defence. Petitioner said he had married respondent mi January 22. 1910, and they 1 1, i<I lived in various parts of New Zealand before sellling at Kaiwaka. The neighboring farm ni'opoiTv belonged to Ihe Met .lean fa mil v. of whom eo-respon-,lenl was cute, and he freuue.nlly visited petitioner's house. About two veers ago his wife confessed that she had been luiseondueling herself with Met lean, and when taxed with it McCleui also admit led iniseonduei with her.

His Honor granted a decree nisi, to !., made absolute after three months, and gave interim custody of the child In petitioner.