NEW DIVORCE ACT

Hokitika Guardian, 12 May 1931, Page 3

NEW DIVORCE ACT

FIRST CASE GOES TO APPEAL (By Telegraph — J'er l’ress AssociationJ WELLINGTON, May 11. Ail undefended petition for divorce by 1 lore nee Kate Worth against Charles Stanhope Worth, on the ground of alleged separation or desertion (the first case to be brought under the Divorce and Matrimonial Causes Act, 193(1) was removed by Mr Justice Blair to-day -to the Court of Appeal to test the validity oi the Act, and, in particular, Section three, relating to the question of domicile.

This sections sets out where a "• ; b who is living in New Zealand petitions lor a divorce on any ground and inis been living in New Zealand for not less than three years immediately preceding the tiling of the petition permanently in New Zealand as would constitute New Zealand domicile in trie case of a feme sole, and has been living apart from her husband lor a period' exceeding three- years, siie shall lie deemed to lie domiciled in New Zealand, and to have been at the time ol the petition domiciled tnere for two years at least within iiie meaning of Section It) of the Act. The. question arose, said His llonm\ as to the juurisuiction of Parliament to make the provision. By arrangement with his brother Judges, it had lieen decided that tile fir it case brmiglit under tile ]O3O Act should he reiorred to tlie Court of Appeal for the purpose of obtaining a decision on the validity of the Act.