HONG KONG DAILY PRESS, MONDAY, AUGUST 29, 1932.
DIVORCE JURISDICTION FOR ty, children begotten before the
HONG KONG
PROPOSALS TO BE SUBMITTED SHORTLY TO THE LEGISLATIVE COUNCIL.
MODELLED ON HOME CUSTOM AND PROCEDURE.
The Government Gazette announces that an Ordinance to confor on the Supreme Court, jurisdiction, in divorce and other matri. monial cases is shortly to be introduced Into the Legislativo Council.
Petitions for divorce, delal asperation and guilty of marriage will be haard, and allowed, on the same conditions as in Great Britain. Decree nisi for dissolution of marriage will be given on proof of unfaithfulness, or, in the case of a wife's petition, for un- natural offences. The usual powers with regard to costs, damages and alimony will also be vested in the local courte. The right of petition is limited to those domiciled in the Colony when the pati- tion was presented, and to those who contrasted Christian mar. riage or the civil equivalent of Christian marriage.
Judicial asparation may be sought for desertion, unfaithfulness or cruelty.
Kullity can be pronounced for the usual causes--though a' com. mon cause allowed in Great Britain appears to be omitted.
Decree will be made absolute three months after the decres nisi has been granted.
We give the main provisions of the Bill, which are set out in the somewhat full language of the lawyer, but are still quite clear on careful reading by any intelligent person who happens to be in. terested.
LIMITED TO CHRISTIAN MARRIAGE AND
BONA FIDE LOCAL RESIDENTS.
Subject to the provisions cou- The court shall dismiss the peti: Lained in this Ordinance, the court tion if it find that the petitioner shall in all suits and proceedings has during the marriage been acces hereunder act and give relief on sory to or conniving at the adultery principles which in the opinion of or has condoned the adultery; or the court are, as nearly as may be, it finds that the pétition conformable to the principles as presented or prosecuted in collusion which the High Court of Justice in with either the respondent or the England for the time being acta co-respondent, and gives relief in matrimonial proceedinge
Nothing herein shall authorise the court to make any decree of dissolution of marriage except-
(a) where the marriage was either a Christian marriage or the civil equivalent of a Christian marriage;
and
:
(h) whare the domicile of the parties to the marriage at the time whee the petition was presented was in the Colony.
Nothing herein shall authorise the court to make any decree of nullity of marriage except where the mar- riage to which the deeree relates purported to have been celebrated in the Colony and to have been a Christian marriage or its civil equivalent.
If the court is satisfied that the petitioner's case has been proved, and does zot find that the petition er has been accessory to or connived at the adultery, or has condoned the adultery, or that the petition is presented or prosecuted in collu sions, the court shall pronounce a decres nis for the dissolution of the marriage.
SUICIDE.
The co-respondon shall cot be FRENCH EXPLORER'S depros mini is pade shall be speclied | ordered to pay the petitioner's in the decree and shall be entitled 'costs, (a) if the respondent was at to succeed, in the same manner na the time, of the adultery living legitimate children, to the estate apart from her husband and lead- ACTRESS WHO WAS of the parent who at the time ofing the life of a prostitute; or (b) the marriage was competent 10 if the co-respondent had not at the time of the adultery reason to be. lieve the respondent to be a married
contrast,
Decres Absolute.
A decree nisi for dissolution of marriage or for nullity of marriage may be made absoluto after the ex- piration of such time, not less than three months from the pronouncing thereof, as is prescribed or as is' fixed by the court in any suit.
WORLD.
Alimony.
In any suit under this Ordinance, whether it is instituted by a hus band or a wife, the wife may pre sent a petition for alimony pending
the suit,
Such petition shall be served on the busband, and the court, on be
-GETTING DIVORCE
·TO MARRY HIM,
RIVIERA TRAGEDY.
Agay, Aug. 9-A heart-rending incident has just occurred on the ronds off Agay, within a few kilo-
metro from Cannes.
The Blue Crest," a yacht, was fow hundred
During that period any partying satisfied of the truth of the riding at anchor a
statements therein contained, may make buch order on the husband metres from the beach, when she A few for payment to the wife of alimony was joined by a canoe.
moments later the bathers heard à pending the suit as it deems just,
Alimony pending the suit shall in no case exceed one-fifth of the hue-shot and saw the canoe overturning. band's 'average net income for the Lieutenant Victor Point had com- three years next preceding the date mitted suicide by firing a revolver of the order, and shall continue, i shot through his mouth. ease of a decree for dissolution of marriage, until the decree is made absolute.
may, in such manner as is prescrib. ed or as is directed by the court in any suit, show cause why the decree nisi should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the court,
At any time during the progress of the suit or before the decree is made absolute any person may give information to the Attomar General of day master material to the duo decision of the case or affecting the jurisdiction of the court, who may thereupon tak such such stops as he deems neces sary or expedient.
Whenever a decree nisi has bean made and the petitioner falls to move within a reasonable time to have such deerce is made ab solute, the court may dismiss the Buit.
Judicial Separation.
A husband or wife may presint a petition to the court for judicial separation on the ground of adultery or aruelty or desartion without reasonable excuse for we years or upwards.
The court, on being satisfied that the statements in such patition tre true and that there is no legal ground why the application abould not be granted may decree judicial sparation accordingly
A decree of judicial separation shall have the effect of a divorce a mense et, thora under the existing
and such other legal effect
is hereinafter mentioned."
The property of a wife who we the time of her death is judicially. separated from her husband shall. in case she dies intestate, go as it would have gone if her husband find bean then dead.
....
The fishermen who were in the neighbourhood, na well the chief of On day decree absoluto for dis the gendarmary brigade immediate solution of marriage or for ullity of marriage, or on any decree of ly arrived on the cane of the judicial soparation obtained by a tragedy. After long offorts the wife, the court may, if it thinks blood-covered corpse was pulled fit, order that the husband shall, to the satisfaction of the court, from under the canoe. It was then secure to the wife such gross that corpse was identified. sum of money or such annual sum of money for any term at exceeding her life as having re- gard to her fortune, if any, to the ability of the husband and to the conduct of the parties, it decma reni sonable, and for that purpose may refer the matter to the registrar of Last year Lieutenant Point parti. to some counsel and solicitor to cipated in the expedition into settle and approve of a proper deed Central Asia under the command of or instrument to bo executed by all M. Georges Marie Haardt, who, it accemary parties, and the court may, if it thinks fit, suspend the pronouncing of its decree until such deed or instrument has been duly executed.
In any such case the court may, if it thinks fit, make an order on the husband for payment to the wife during their joint lives of such monthly or weekly sum for her maintenance and support as the court thinks reasonable and any such order may be made either in addition to or instead of an order under "üb-section (1).)
If the Husband Cannol Fay.!!!
If the busband afterwards from ally cause becomes unable to make such payments the court may dis. charge or modify the order or tem porarily suspend the same as to the whole or any part of the money so ordered to be paid, and again te the tono del revive the order wholly or in part
the means of the
the St. Raphael Clinic there were When the body was transported to
discovered on it two letters which leave no doubt as regards the rea sons which motivated the suicide.
will be recalled, has also tragically died. He was at the head of the second group of the cars which he led across Mongolia and the Gobi Desert. On his return he wa awarded the Cross of the Legion of Honour with the following cita- tion!" An officer with the most brilliant future, full of courage and ardour, he has shown in the course of his expedition a maturity of spirit and real dipló- matir qualities."
rare
Inter.
Following the dramatic suicide of Vistor Point, Mme. Alice Cocen, the well known actress, and owner of the yacht Blue Crest made the following declaration:
I have known M. Point. four years, and recently, filed a petition for divorce in order to marry him. His father died in the course of Citroen's expedition to Central Asia in which M. Victor Point took part and he was greatly afflicted by this loss."
SPECIAL EXCURSION TO MANILA AND RETURN.
BANK HOLIDAY OFFER BY CANADIAN PACIFIC
Where, upon any such judicial The court shall not be hound to separation, alimony has been de- pronounce auch decree if it find creed or ordered to be paid to the that the petitioner has during the wife and the same is not duly paid marriage been guilty (a) of adul by the husband he shall be liable tery; (b) of unreasonable delay in for necessaries supplied for her
Where the court has made any presenting or prosecuting the peti-use. tion; (e) of cruelty to the respon- Nothing in this Ordinance shall such order as is mentioned in sub- dent; (d) of having, without rea- prevent the wife from joining, at section (9) or (3), and the court is sonable excuse, deserted or wilfully any time during such separation; satisfied that separated himself or herself from in the exercise of any joist power husband have increased, the court may, if it thinks fity increase" the the respondent before, the adultory given to herself and her husband.
Any husband or wife, upon the amount payable under the order. Nothing herain shall authorise complazued of; or (e) of such wil
misconduct to application of whose wife or hus- In all cases in which the court the court to make any decree of ful neglect of or judicial separation or of restitution wards the respondent as has con- band, as the case may be, a decreo makes any decree or order for ali. of judicial separation has been mony,, it may direct the same to of conjugal rights except where the duced to the adultery. marriage was a Christian marriage No adultery shall be deemed to pronounced, may, at any time be paid either to the wife herself, within the thereafter, presont a petition to the or to any trustee on her behalf to
The Canadian Pacifie announce or its civil equivalent and where have been condoned both the parties to the marriage; mea ing" of this Ordinance unless court praying for a reversal of such be approved of by the court, and
decree on the ground that it was may impose any terras or restricthey are operating a special excur were in the Colony at the time of conjugal cohabitation has been con obtained in his or her absence and tions which to the court seei exion first class on the Empress of the commencement of proceedings, tinued or resumed.
that there was reasonable excuse pedient and may from time to Asia" leaving this port on the for the desertion where desertion time appoint a new trustee if it ap-afternoon of Wednesday, August 31, was the ground of such decree. pears to the court expedient so to
The court may, on being satisfied | do." of the truth of the allegations of such petition, reverse the decree accordingly.
Dissolution of Marriage.
A husband may present a petition to the court praying that his mar riage may be dissolved on the ground that his wife has since the solemnization thereof been guilty of adultery.
A wife may present a petition to the court praying that her mar riage may be dissolved on the ground that since the solemnization thereof her husband has been guilty
of-
(i) adultery; or
(ii) rape, or unnatural crime. Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dis- solved is founded.
The Do-Respondent,
Reasons Against Granting a
Petition.
In any suit instituted for dissolu- tion of inarriage, if the respondent opposes the relief sought on the ground of the adultery, cruelty or desertion without reasonable excuse of the petffioner, the court may in such suit give the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition secking such relief.
Nullity.
A husband or wife may present a petition to the court praying that his or her marriage may be de clared null and void.
W
OT
Custody of Children.
arriving Manila, September 2, and returning on the early morning of September 7, at the very attractive low rate of £12.0.0 per round trip. During the stay at Manila if so desired passengers may stay on board,
In any suit for dissolution of marriage, or for nullity of mar, Fiage, or for judicial separation,
for restitution 'of "conjugal This is an exceptional opportun. rights, the court may, at any stage ity for anyone who wishes to visit of the proceedings, or after a decles Manila and Baguio at a very low absolute bee bean pronounced, tanke cost over the Bank Holiday.-Yours suck orders as it thinks fit with faithfully. respect to the custody, maintenance arkd education of the minor child- The court, on being satisfied of ren, the marriage of whose parents the truth of the statements made it is the subject of such suit, and
Bostitution of ConjugalTM Rights. When either the husband or the wife has without resechable around withdrawn from the society of the other, either wife or husband may apply by petition to the court for restitution of conjugal rights.
A. M. PARKER,, General Agent, Passenger Dept.
such petition and that there is no may vary or discharge the said that the case is a fit gas for appeal logal ground why the application should hot be granted, may decree restitution of conjugal rights au cordingly,
Nothing shall be pleaded' in an- swer to a petition for restitution of conjugal right which would not be a ground for a suit for judicia) separation.
Damages and Costs, Any husband may, either in a petition for dissolution of marriage. for judicial separation or la a petition to the court limited to such
orders and may, if it thinks fit, direct proceedings to be taken for under the placing such children protection of the cour
Re-marriage,
When the time limited for appeal ing against a decree absolute of dissolution of marriage or of pullity of marriage has expired, All decrees and orders made by and no appož] Bás bean presented or when any the court in probeedings under this against auch decree, Ordinance shall be enforced, and such appeal bag been dismissed, but may be appealed from, as if they not gooners the respective parties were decrees or orders made by the may marry again as if the prior court in the exercise of its original marriage had been dissolved by
death. Civil! jurisdiction.
MiscellaneouS, In suits for dissolution of mar. riage or for nullity of marriage no
Such doores may be made on any Upon any such petition presented of the following grounds: (a) that by a husband, the petitioner shall the respondent was impotent at the make the alleged adultster & co time of the marriage and at the respondent to the said petition, up-time of the institution, of the suit; less he is excused from doing so on (b) that the parties are, within the one of the following grounds, to be prohibited degrees of consanguinity allowed by the court:-(a) that the or affinity whether naturel or respondent is leading the life of a legal ; (c) that either party was a prostitute and that the petitioner lunatic or idiot at the ime of the knows of no person with whom the marriage (d) that the form object only, claim damages from respondent or co-respondent not sp-In any case in which any person adultery has been committed; (b) husband or wife of either party was any person on the ground of his fearing and defending the suit on is charged with adultery with any that the name of the alleged adul living at the time of the marriage having committed adultery with the the occasion of the decred mist being party to a suit, or in which the torer is unknown to the petitioner, and the marriage with such former wife of such petitioner made shall appeal against the do court considers in the interest of although he has made due efforts husband or wife was then in Buch petition stall be served on crée being made absolute unless the any person not already a pan id to discover it; (0) that the alleged force; (e) that the consent of either the alleged adulterer and the wife court gives leave to appeal at the thesust that such person should adulterer is dead,
party to the marriage was obained unless such time the
be made a party to the suit,' the Upon any such petition presented by force or frund in any case in ie the cure dispenses with such some of the decree being made court may, if it thinks fit, allow by a wife the court, if it sees fit, which the warriage might be an ice to be substituted. may order the person with whom nulled on this ground by the law the husband is alleged to have com mitted adultery to be made a res pozdent.
Collusion.
No appeal from any order, ab The damages to be recovered on solute for dissolution of marriage, of England; (f) that the marriage any such petition shall be ascer or for nullity of marriage, shall lle
that person to intervene upon such terms, if any, as the court thinks just
is invalid by the law of the Colony tained by the court, although the in favour of any party who, having No pornoir
moir competent to
to present
shall maintain suit for criminal
conversation with his wife,
If the court finds that the pet-respondents or either of them may had time and opportunity to apa petitior under sections 4 and tioner's case has been proved; it not appear on my peal from the decree gif, his not shall pronounce a decros nini de After the decision has been given appealed therefrom.. Upon any such petition for the claring the marriage to be null and the court may direct in a man. There shall be to appeal. on the The Chief Justice may make rates to fix and regulate the fees and void... dissolution of a marr
ner such damages shall be paid or subject of costs only the court shall satisfy itself, j far as 1 Where a marriage is annulled on applied
Bubject to such rules as are made costs payable upon all proceedings reasonably can not b as to facts the ground that a former husband Whenever in any petition present from time to time by His Majesty isbits under this Ordinance, and alleged, but also whe.her or not or wife was living and it is aded by a husband the alleged adul- in Council regarding appeals from also rules concerning the practice the petitioner has been in any judged that the subsequent mar terer has been made a co-relpon Colonial oduri, i ady, person may and procedure under this Ordinance manner accessory to or coppiving a riage was contracted in, good faith dent and the adultery has been es appeal to His Majesty in Council as he considere expendient, the adultery, or has condoned the and with the full belief of the tablished, the court may order from buy decree or order under Buch rules mny, amongst other samo, aid shall also inquire into parties that the former husband or the co-respondent to pay the whole this Ordinance made by the Full things, vary any of the forms in Any countercharge which is made wife was dead, or when a marriage or any part of the costs of the pro- Court if the Full Court declares the schedule, of may add new forma
Oontinued on next Column))): thereto against the petitioner,
is shaalled on the ground of insan ceedings.
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