DIVORCE ACT.

Press, Volume LXVII, Issue 20234, 12 May 1931, Page 8

DIVORCE ACT.

A SECTION QUESTIONED.

VALIDITY TO BE TESTED.

(rRBSg ASSOCIATION ra&eoiu*.)

WELLINGTON, May 11. An undefended petition for divor by Florence 'Kath Worth against Charles Stanhope Worth, on the ground of alleged separation or desertion (the first to be brought under . Divorce and Matrimonial Causes Act, 1930), was removed by Mr Justice Blair to-day to the Court of Appeal to tes the validity of the Act and, in particular, Section 111. relating to the question of domicile.

This section sets out: "Where a wifo living in New Zealand petitions for divorce on any S r °u" and has been living in New Zealitn for not less than three years lmmedately preceding the filing of the Potion, and has such intentipn of ing permanently in New Zealand 06 would constitute a New Zealand domicile in case of a Feme Sole, and has been living apart from her husband for a total period exceeding three years, she shall be deemed to be domiciled in New Zealand and to ha T ® been at the time of the petition domiciled there fpr two years at least within the meaning of Section X. of this The question arose, saicl" bis BfonQur, as to the jurisdiction of Parliament to make such a provision. By arrangement with bis brother Judges, it had been decided that the first ease 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.