DIVORCE APPLICATIONS.

Hokitika Guardian, 28 November 1924, Page 3

DIVORCE APPLICATIONS.

ALERTNESS OF JUDGES. AUCK[.VXD, November 22. There is a growing belief that many divorces arc obtained quickly through the misuses of some of the forms of our divorce laws, and recently there has been considerable alertness on tbe part of New Zealand judges with a view to preventing this sort of thing. The most common practice is for a couple to part, whereupon one obtains an order for restitution of conjugal rights which must be complied with by a certain time usually I I days. If the order not obeyed one* may then sue for divorce. For a divorce action to succeed on such a ground it is essential that petitioner be sincere in the invitation to the defaulting partner to return home. The judge unfortunately lor some of the petitioners, has no evidence on this point beyond the statement of petitioner. In two diveree cases at the Auckland Supreme Court yesterday Mr Justice Hcrdman put pointed questions to the petitioner. In one case a woman was asked back ? ” •• Do you want your husband back She gave a very emphatic " No.”

Mis Honour: "Then you cannot get a divorce. There is a recent decision

on tin- point.’ The petitioner: "I eanmil hear very well.” Counsel: “ You want your husband to come hack, but he refuses ?” I’etitioncr: “That is true.” Counsel: "You sincerely want him back ?” IVtitioner : " Yes.” His Honour granted the decree. In the other case the husband, when asked if be wanted bis wile to return, said: "I do not think it is right to have her forced back to me by law. His Honour: "I cannot give you a decree. Do you want her back or do you not r" Petitioner: " I want her back as my wife, but she has told me she will only come back as my housekeeper." The decree was granted.