TRAGIC CASE

Bay of Plenty Beacon, Volume 4, Issue 129, 14 July 1941, Page 8

TRAGIC CASE

BRIDE 11 SEEKS DIVORCE In a suit in a Sydney Divorce Ctourt, it was stated that the bride Avas aged 11 and the groom 27 at the time of marriage. Both were aborigines. "Inquiry, in this, matter discloses a very deplorable state, of the law and a very deplorable sitate of pub lie morals," said Mr Justice Booney "I propose to have the papers sent to the CroAVn Solicitor, and I propose to ask him to argue the validity of this marriage, and 'whether I have power to grant a decree nisi.' Mr Justice Booney had before him the petition of Doris Frances Munton, alleging desertion by James Reuben Munton, labourer. The hearing of the two issues— whether marriage had taken place and whether the husband had deserted the wife—were remitted to Judge Storkey, V.CI, in the District. Court at Glen Innes, and he found In the affirmative on both issues. The matter came' before Mr Justice Booney asi an application te pronounce a decree nisi. Unique Case. "I have had inquiries madei in tho proper quarter," Mr Justice Booney sasid, "and I find that this man was charged with carnal knowledge and abduction of this girl at Taree, and he was committed for trial on March 19, 1924, and that the marriage took place at Taree police sta tion a feAV days later. The father of the girl consented. "This extraordinary; thing, of a child of 11 marrying, has not come before any British Court that I can see in recent years.''' Mr Justice Booney said that ir» cases AAdiere a girl was; under tin; age of 12, or a boy was under tho age of 14, marriage was in no degree effective, and there was a question whether it was not absolutely void, or whether it Avas merely voidable. In England, Mr Booney continued, legislation had been pass ed making any marriage by partier Under 16 absolutely void, but so fa? as he knew no legislation of the kind existed in New South Wales.