Divorce as it might be / by E.S.P. Haynes.

  • E. S. P. Haynes
Date:
1915
Catalogue details

Licence: Public Domain Mark

Credit: Divorce as it might be / by E.S.P. Haynes. Source: Wellcome Collection.

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    application may be made to the High Court to have the order converted into a decree of judicial separation, or of divorce if there are grounds for divorce. This application can, of course, be made by the injured party, but, later on in the report, the Commissioners re- commend that the Court should have discretion when a decree of separation is asked for on grounds which would justify divorce, to make a decree of divorce on the application of the respondent. A similar recommendation is made where the petitioner omits to apply for a decree to be made absolute. It is scarcely necessary to say that the Minority Report disapproves of any step being taken to convert separation into divorce after this fashion. On this im- portant point Mrs. Tennant adds a note: “I cannot feel that the guilty person should have any power to impose on the innocent a remedy against which he or she may have conscien- tious scruples”; while Mr. Spender writes: “T am in favour of giving such respondent the right on application to the Court of having a decree of separation converted into a decree of divorce after the lapse of two years,’ and [ infer that he does not mean to limit this to cases where there are grounds for divorce. Mr. Spender’s opinion seems far more sensible than the Report itself on this