A DIVORCE REFUSED.

Dominion, Volume 5, Issue 1291, 21 November 1911, Page 2

A DIVORCE REFUSED.

JUDGE EXERCISES HIS DISCRETION. IBy TclccraDh.—Priss Association., Auckland, November 18. In the case Arthur Owen, labourer, of Whangaroi, a suit for divorce from his Maori wife, on tho ground of misconduct with a. Native (her cousin), the. jury found that adultery had been committed, ami rejected the contention that petitioner's neglect had contributed to the woman's wrong-doing. Mr. Earl, counsel for defendant:; raised the question whether the Judge was bound to accept the decision of the jury, or had ho discretionary powor to decidc tho issue of whether misconduct had been contributed to by petitioner. After hearing argument on thin point. Mr. Justice Edwards definitely declared that petitioner's conduct in leaving bis wife with teu children unprovided for, to go Homo and amuse himself, to return and live on bis wife's property, knowing that misconduct had occurred, and, later on, to leave his family destitute, mid neglect them, as lie did, for seven years, had conduced to adultery, and that it u;as not in tho public interest to grant divorces under such circumstances. His Honour further hold 'diat the power to a petition on the ground of contributing to adultery was of a discretionary character, and that a Judge was not necessarily bound by the finding of a jury, whoso opinion was obtained merely as an ;is?ista.'.ico to the Court. In the. present instance., he was wit'slied, ou petitioner's own evidence, that his conduct had conduced to adultery. He (liis Honour) had only submitted the issue to the jurv to prevent a miscarriage of justice and to enable the point, to be determined. He refused tho decree, und ordered petitioner Vo pay his wife's costs and co-respondent to pay his own costs.