UNUSUAL TURN IN DIVORCE CASE

Chronicle (Levin), 30 May 1946, Page 2

UNUSUAL TURN IN DIVORCE CASE

ClLKbSTCHl'itCH, JMay 29. There arose before Mr. Justice Eair in Ihe Christchurch Supreme v'ourl to day an unusual siluatiou of the )>etitioner, respoiulent aml co-respomleut in a divorce case liaving all bccn uiuler 21 vears of age wlien proceetlings were instiUited. The case was oue in which Yictor Raymond Joluiston, a presser, of Clirislchurcli, souglit a dissolution of his marriage to Joy hlyrtle Johnston on the grounds of her adullery with Colin ,f oh ii Canipbell. Evidence was previouslv takou, but thc case was stood tlown wlien the age of the parties was leanied. The ]>etitioner liad attained his 21 years of age a 1'ew days ago, aml tlie respondent was 21 today. Tho corespondent was still only 20 years. "This is a most unusual case," said His Honour. "All the parties were leg alJ.v infants wlien the proceedings were begun, and two have attaineiLSl years of age only witliin the last fortniglit. Respoudeiit should liave adviec. ' Couiisel for respondent (Mr. A. C. Brassington) said tluit she had already had all possiblo adviec. It was an atna/.i iig situation seeming to place the Court on fresh grouiid. The co-respond-cnt was on probation. His Honour said that there was sufficient eause for waiving the rules where protection had become ur>.ecessary by the protected person reaching 21 years of age. He felt dilficulty about the* co-respondent, but although undef 21 years he was of age to make admissions binding in a criminal case, [iossibly with grave eonsequences, and bis declsion in tliis matter did not aflect his status. The Court had some liesi'a tion, but would fleem the service rn Canipbell and Mrs. Johnston good, and grant petitioner a decree nisi to lie made absolute in three months. His Honour directed that the Court tlien be informed of the arrangements for the custodv and maintenance of the children. and that a report be funiisned by the Child Welfare Officer.