A CHANGE NEEDED

Dominion, Volume 13, Issue 127, 23 February 1920, Page 8

A CHANGE NEEDED

DIVORCE AND DESERTION

OPINION OF MR. JUSTICE EDWARDS %

A plea for amending legislation in order to facilitate the dissolution of loveless marriages was made by His Honour Mr. Justice Edwards in the Divorce Court on Saturday morning. .

Speaking with regard to a case before him. in which constructive desertion was set up as the ground for dissolution of the marriage, His Honour, in indicating that he would consider his decision, commented that it might lie a case in which it would be desirable to make an order in the 'interests of both parties. He added that at one time the New Zealand law allowed a' party to apply for restitution of conjugal rights, and if the, order to do so was not complied with in the specified time, it could be made the ground of desertion. Such a law obtained in England, New South Wales, and. ho believed, in other Australian States. Owing, however, to an incautious remark made by the late Mr. Justice Denniston a good many years ago at New Plymouth, when His Honour, when proceedings for the restitution of conjugal rights were called on, said: "Now, como on. So-and-so, arid play your part in tho farce." an alteration was made.

"It was." continued His Honour, "a small thing to say, an idle joke; but it has borne rather disastrous consequences. It was seized upon and legislation was passed repealing, that very reasonable, very wholesome protection, which, as I nave said before, eminently tended to morality; and now it is absolutely necessaTy, according to the law, to prove not less than four .years' desertion. In other words, a, man and a woman who know from the experience of their j-nsc lives that they can no longer live together ns husband and', wife, are compelled to remain neifheA husband nor wife for four years. Well! one can imagine how in mast cases —not in this case,' fortunately—such a thing can no longer be in the interests of morality. In this case there is no suggestion of immorality on the part of either party, b'ut unless I can 1)9 satisfied that the law regarding desertion has been complied with, the petitioner is without remedy.

"tt is fo be hoped that the Legislature w.'ll awaken to a sense of the injury that has been done, in the past. The whole trend of legislation in England has been to facilitate the dissolution of n. tie that can no longer be productive of good. -The recommendations that have been made bv n commission of most eminent persons at Home, including the President of the Divorce Court, went very far towards facilitating the determination of relations when they were no longer relations except in name. T hope', and fervently hope,, that the Legislature, even during tho coming session of Parliament, will see Tit to restore the law to what it used to be before thfs unfortunate remark of Mr. Justice Denniston, and to -what it is in England aiid in some communities of Australia where the conditions of life are practically tho same as our own."'