DIVORCE CASE

Evening Post, Volume CVIII, Issue 140, 10 December 1929, Page 12

DIVORCE CASE

HEARING IN CAMERA ?,

A defended divorce case with some unusual features was commenced in the Supreme Court to-day, before the Chief Justice (the Hon. M. Myers). The parties were Robert Johnston (petitioner) and Jane Anne Johnston (respondent), and the ground on which the petition was' brought was constructive desertion. Mr. O. C. Mazengarb appeared for tho petitioner, and Mr. P. Jackson for the respondent.

After Mr. Mazengarb had opened his' case, his Honour said that it was very unfortunate in the interests of the child of the marriage that there should be tlie necessity for the proceedings and the dirty linen that would necessarily be washed.1 The case was one in which it was quite obvious that the parties could not live together, and tho probability was that one or the other was entitled to a decree. It was also quite plain from the papers and from what counsel had said that, assuming there was a decree, no matter who was successful, a certain course would have to be adopted by the Court. He could not understand why in such circumstances the parties should not attempt to meet each other on some reasonable footing. Both counsel would know exactly what he meant.

Mr. Mazengarb said that he had considered the advisability of applying for a hearing in. camera. His Honour replied that he did not think an order for the hearing of a case in camera should be lightly made. He did not intend to make such an order at present, but if it did appear during the hearing that an order should be made, it was competent for him at any time to make it. The evidence of one witness was taken before the luncheon adjournment.