THE DIVORCE LAW.

Taranaki Herald, Volume LXVIII, Issue 16675, 24 February 1920, Page 3

THE DIVORCE LAW.

INTERESTING' COMMENTS. BY SIB. BASSET EDWARDS. BY TELEGRAPH. —OWN CORRESPONDENT. WELLINGTON, Feb. 21'. Some interesting comments in regard to the divorce .law were made by Sir Bassett Edwards after bearing evidence in a petition for dissolution of marriage on the grounds of desertion. His Honour said the law at one time in New Zealand allowed a party to apply for restitution of conjugal rights, and, if an order to do so was not'complied with in a specified time it could bo made a ground of desertion. In England and New South Wales, and he belTevcd other Australian States, this law obtained. Owing, however, to an incautious remark made once at New Plymouth by the late Mr. Justice Denniaton a. good many years ago, when his Honour during the hearing of a case for the restitution of conjugal rights, said,' “Now, come on Mr. So-and-Sn. play your part, of the farce,” an alteration was made. “It was a small thing to say,” said his Honour, “an idle joke, but jt has borne rather disastrous conseqtTences. It was seized upon and legislation was passed repealing that very reasonable a very wholesome protection which, as I have said before, eminently tended to morality', and now' it is absolutely necessary, according to the law 7 , to prove not less than four years’ desertion. In other words, for four years men or women who know from experience of their past lives that they can no longer live together ne husband and wife are compelled to remain nelWer husbands nor wives for four years.” One could imagine bow in most cases (fortunately not in the case under review) such a thing could not Tic Tin the interests of morality. In this case thero was no suggestion of immorality on the part of either party, but'unless ho could be satisfied that the law regarding desertion as it now stood was complied With, petitioner was without remedy. “It is to he hoped,” he added, “that the Legislature will awaken to the sense of the injury done in the past. The whole trend of legislation in England has been to facilitate dissolution of ties when they can no longer bo productive of good. Recommendations that have been made by a commission of tho most eminent persons at home, including tho President of tho Divorce Court, w'ent very far towards . facilitating the termination of relations when they could no longer ho relations except in name. I fervently hope the Legislature, oven during the coming session of Parliament if it is possible will see lit to restore tbo law to what it was before this unfortunate remark of Mr. Justice Denuiston. and to w'hat it is in England and in certain communities of Australia, in which tho conditions of life are practically tho< same as our own.