DIVORCE.

Stratford Evening Post, Volume XXXI, Issue 81, 18 November 1911, Page 3

DIVORCE.

PECULIAR .CASE AT AUCKLAND. MAORI WIPE’S POSITION. (Per Press Association.} Auckland, November 18. In the .’case in which Arthur Owoq. labourer, of Whangafei,. sued for divorce from-his Maori wife on the ground of her misconduct witn a native cousin, the jury found that adultery had been committed and rejected the contention that the woman’s wrongdoing was cor.doncd. Mr Earl, counsel for the defendant, raised the question as to whether the -Judge was bound to accept the decision, of the jury, or had discretionary power te decide the issue whether misconduct had been contributed to by petitioner. After hearing argument on this point Judge Edwards definitely declared that"the petitioner’s conduct in leaving his wife with ten children unprovided for to go home and amuse himself to return and live on his wile’s property, knowing that misciioduct had occurred, and later on to leave the family destitute and to neglect his duties for seven years, had conducted to adultery and it was not in the pab lie interest to grant divorces under such circumstances. His Honor further hold that the power to refuse the petition on the ground of contributing to adultery, was of a discretionary character, and the Judge was not necessarily bound by the hading of a jury whose opinion was obtained merely as an assistance to. the Court. In the present instance he was satisfied, on the petitioner’s own evidence, that his conduct had conduced to adultery. He had only submitted the issue _to the jury to prevent any miscarriage of justice and to enable the point to be determined. He therefore refused the decree and ordered petition tc pay Ins wife’s costs.