DIVORCE PROCEDURE.

Wanganui Chronicle, Volume L, Issue 12145, 12 August 1908, Page 7

DIVORCE PROCEDURE.

(Tor Press Association.)

-WELLINGTON. August 10. > A new ground for divorce, under the Amending Act of last session is that 01 a respondent who is a person of unsound mind and has been confined in a mental hospital for a period of not loss than 10 years and is unlikely to recover. Recently, in the cases of Stevens v. .Stevens, and Livingstone v. Livingstone, application was -made to Mr Justice. Chapman for directions as to whether tho. service provision in the principal Act -imposes on the RepiVrar ot the Supreme Court tho duty of forwarding a copy of the petition to the bohcitor-General. This is followed by power given to tho Attorney-General or Solicitor-General to ommso adivore To that power is now added tho duty of tho Solicitor-General to take, on behalf or a respondent,, such steps as he may consider necessary in tho interests of the respondent. The question Mr Justice Chapman was asked to decide was whether this - revision is intended to supersede the necessity for the appointment of a guardian; ad litem. It was suggested that the substituted service may bo sufficient, as the office of guardian ad litem was rendered superfluous and therefore superseded by the new duty cast upon the Soli<"t<rGennral. For several reasons, his Honor did not think this assumption could bo fairly made. Ho heM it was necessary, ni the first ulaco. to se/rve a.respondent in prde-r to givo the Court *ut.«prity;..to appoint a. a:iavdian: Mr Jimiofv--qiin;~ l nan- said- he had cbnferW>d with^h>>. Solid tor-General'"on the. sub-' ject,;.- aiid~*ho, latter hikl stated Kigwillingness, upon proper application i being macK to accept tho office of I guardian, ad .'item, if upon cnguhir-3 ha was satisfied there was no other per-! son r^.ly available, and Willing to a> ee>pt the appointment.