APPEAL COURT CASE

Poverty Bay Herald, Volume LX, Issue 18207, 30 September 1933, Page 15

APPEAL COURT CASE

DIVORCE POINT RAISED MEANING OF SEPARATION Decision evas reserved by the Court of Appeal at Wellington in a case in which two questions involving a separation within the meaning of section 38 of the Divorce and Matrimonial Causes Act, 1!)25, were submitted for determination. The court was asked to decide whether a parting of husband and wife some time prior to the granting of a formal order for separation constituted a separation upon which a petition for divorce could be based, and also whether a separation order made by a magistrate in the wife's favor was conclusive evidence against a petitioner on a petition for divorce.

The parties were Charles Albert Ormond John Konst, electrician, of Timaru, appellant, and Ella Louise Kcast, married woman, of Christchurch, respondent. They parted m January, 1925, and a separation order was granted by a magistrate in April of the same year. The husband subsequently petitioned for divorce, which was defended by the wife on the grounds that the separation was brought about by the wrongful conduct of the husband. Mr. Justice Blair found on the facts that there was no separation between husband and wife prior to the obtaining of the court order. Ho considered the separation order concluded the matter, and accordingly dismissed the petition.