DIVORCE LAW

Southland Times, Issue 18831, 26 May 1920, Page 5

DIVORCE LAW

A REPEALED FACILITY

(For United Press Association.)

WELLINGTON, May 25

Sitting in divorce to-day, Mr Justice Edwards was again prompted to express his regret at the repeal of the law which made failure to obey an order for the restitution of conjugal rights a ground for divorce. The origin of the movement for repeal is traceable to a remark made once by the late Mr Justice Denniston in the Supreme Court at New Plymouth. Counsel was about to open a case in which restitution of conjugal rights was the main question, when His Honour observed, "Go on with the farce, Mr ” This utterance led to a widespread opinion that divorce by way of proceedings for restitution of conjugal rights was a farce, and the Legislature barred the way to further “farces” of the kind. It has been contended that since the repeal there is a danger that married persons who are no longer cohabiting as man and wife may be induced to accept misconduct as the only “way out.”

“I repeat what I said on a former occasion,” said Mr Justice Edwards to-day, “that the repeal of the provisions in the divorce law to which I have referred was a blow to morality. The remark made by Mr Justice Denniston was incautious, and I can now say from my seat upon the Bench that no one regretted it more than Mr Justice Denniston and other judges, certainly some of them upon this very matter.”