THE DIVORCE LAW.

Taranaki Daily News, 10 February 1922, Page 4

THE DIVORCE LAW.

GROUNDS OF SEPARATION. THE QUESTION OF FAULT. By Telegraph Press Association Wellington, Last Night. The House sat in committee to-night on the Divorce and Matrimonial Causes Amendment Bill. Mr. E. J. Howard (Christchurch South) moved to strike out sub-clause two of clause two. Mr. Holland said he understood this clause applied to only one woman in New Zealand and he asked whether the effect on other cases of a similar character would be considered. The Minister for Justice said it would be dangerous to interfere with decrees nisi granted on the ground of separation, ’ which would require that a Judge should decide whether the man or the woman was at fault, and in many cases would necessitate new trials. Mr. J. MeD. Dickson (Chalmers) said two Judges had stated it was wrong to make a blamelees party to a suit suffer for the sins of the other. He thought the committee should agree to the deletion of the clause.

Mr. L. M. Isitt (Christchurch North) said in this case, Mason versus Mason, the woman’s position was one of extreme hardship and Parliament ought to be strong enough to do justice to her, even if it required departure from reel tape. Mr. J. McCombs (Lyttelton) pointed out that in the Mason case a decree absolute could not be granted till February 26, 1922. It was therefore possible for Parliament to see that justice was done to this woman, and that should be done by deleting the subclauee as proposed by Mr. Howard. The Minister for Justice said that if the argument advanced in favor of Mrs. Mason’s case were agreed to then they must agree to the re-opening of all similar eases where a similar defence to a suit could be put forward. The sub-clause was struck out on the voices.

The Bill was reported as amended, read a third .time and passed. The Minister promised to see if some adequate amendment could be made in the Upper House to meet cases such as had been mentioned.