VALIDITY IN DOUBT

Wanganui Chronicle, Volume 74, Issue 110, 12 May 1931, Page 7

VALIDITY IN DOUBT

NEW DIVORCE LEGISLATION MATRIMONIAL CAUSES ACT [ P?r Press Association. 1 WELLINGTON, May 11. An undefended petition for divorce by Florence Kate Worth, against Charles Stanhope Worth, on the ground of alleged separation or desertion (the first to be brought under the Divorce and Alatrimonial Causes Art, 1930) was removed by Air Justice Blair to-day to tho Court of Appeal to test the validity of the Act. and in particular section throe relating to the question of domicile. This section sets out that where a wife living in New Zealand petitions for a divorce on any ground, and has been living in New Zealand for not less than three years immediately preceding the filing of the petition, and has such intention of residing permanently in New Zealand as would constitute New Zealand domicile, and has been living apart from her husband for a period exceeding three years, she shall bo deemed to be domiciled in New Zealand and to have been at the time of the petition domiciled there for two years at least, within the meaning of section 10 of the Act. The question arose, said his Honour, as to the jurisdiction of Parliament to make such provision. By arrangement with his brother judges, it had been decided that the first case brought under the 1930 Act should be referred to the Court of Appeal for the purpose of obtaining a decision on the validity of the Act.