DIVORCE LAW.

Hokitika Guardian, 8 October 1921, Page 2

DIVORCE LAW.

WELLINGTON, Oct'. 0. Important observations on. the divorce law were made by His Honour Sir John Salnvond in the course of a reserved judgment delivered yesterday on a petition for restitution of conjugal rights. “The same considerations which have led the English Courts to refuse a decree of restitution to a. petitioner who is separated from his wife by a deed of separation apply,” remarked his Honour, “added force to the exercise by this Court of its discretionary authority to make such a decree as a preliminary to divorce. The case of persons separated by agree meat is expressly dealt with by the Legislature in section i of the Act of 1920. When this separation has continued for three years it constitutes a discretionary ground for divorce, and will lie recognised by this Court as sufficient unless the eircu instances of the individual case are such a# to show, that a, divorce would be prejudicial to the public interest. “This is the true method appointed by the Legislature for the dissolution of marriages which have come to an end do facto by an agreed separation. Neither of such parties can properly be allowed to obtain an immediate divorce by resort to the summary procedure of a decree of restitution of conjugal rights, without awaiting the lapse of the prescribed statutory period. Such a system of divorce would be a grave and mischievous departure from the requirements of the public interest in the sanctity and permanence of the marriage tie. I do not say, indeed, that an agreement of separation is in all circumstances an absolute bar to a decree ofl restitution of conjugal rights. Even in England it would seem to be a discretionary rather than an absolute liar. It is conceivable that an agreement of separation may bo obtained by one party from tlie other under ■such circumstances that the agreement may in the public interest he disregarded in a suit for restitution. There are, however, no such exceptional circumstances in the case under notice.”