DIVORCE EVIDENCE

Sun (Auckland), Volume II, Issue 359, 21 May 1928, Page 13

DIVORCE EVIDENCE

ADMISSIONS ALONE INSUFFICIENT WHAT COURT REQUIRES The fact that more than one witness deposes to admissions made by a respondent in divorce proceedings has no greater probative value than proof of one admission, is stressed in a written judgment delivered by Mr. Justice Blair. The case was one in which undefended divorce proceedings were brought by Maude Wilkie (Mr. R. Singer) against Archibald Wilkie. In his judgment his Honour states that “the evidence tendered in support of the allegation in the petition was that of the petitioner herself, who deposed to the fact that her husband had admitted to her that he, during her absence in Sydney, had committed adultery with her (the petitioner’s) sister. Another sister was called and deposed to the fact that the husband had made a like admission to her, and produced a written admission signed by the husband. This was all the evidence tendered. On the ground that there was not sufficient proof of the adultery alleged I refused to make any decree, and adjourned the case for further evidence.” “As petitioner was represented by experienced counsel, and he claimed that the evidence was sufficient, I think it well to make it clear that, in my opinion, admissions written or verbal by respondents are not proof of adultery but amount to no more than corroborative evidence of adultery when other facts tending to prove adultery have been established. "The fact that more than one witness deposes to admissions made by the respondent has no greater probative value than proof of one admission. Petitioner has now produced an independent witness who proves facts already cleaxly pointing to proof gf adultery on the part of the respondent.” The decree was granted.