DIVORCE COURT.

Taranaki Daily News, Volume LIV, Issue 127, 20 November 1911, Page 4

DIVORCE COURT.

SOME UNUSUAL FEATURES. By Telegraph—Press Association. Auckland, Saturday. In the case of Arthur Owen, a laborer, ■of Whangarei, who sued for a divorce from his Maori wife on the ground of misconduct with a native cousin, the jury found that adultery had been committed, but rejected the contention that it was the woman's wrongdoing. Mr. Earl, counsel for defendant, raised the question whether the judge was bound to accept the decision of the jury or had discretionary power to decide the issue whether misconduct had been con- ~ tributed to by petitioner. After hearing argument on this point, Judge Edwards definitely declared that petitioner's conduct in leaving his wife, with ten children unprovided for, to go home and amuse himself and then to return and live on his wife's property, knowing that misconduct had occurred, and later on to leave his family destitute and neglect his duties for seven years, had conduced to adultery, and it was not in the public interest to grant divorces under such circumstances. His Honor further held that power to refuse petitions on the found of contributing to adultery was, of a discretionary character. A judge' was not necessarily- bound by the finding of a jury, whose opinion was obtained merely as an assistance to the court. In the present instance he was satisfied, on petitioner's own evidence, that his conduct had conduced to adultery, and he had 'Only submitted the issue to the jury to prevent a miscarriage of justice and to enable the point to be determined. He refused tlie decree and ordered petitioner to pay his wife's costs and corespondent his own costs.