Woman’s Appeal Fails (Press, 4 August 1958)
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Summary: Woman’s Appeal Fails (Press, 4 August 1958)
On 3 August 1958, the Court of Appeal in Wellington dismissed the divorce petition of Mary Irene Maling from her husband, Paul Robert Harper Maling. The dismissal followed a previous ruling by Mr Justice McGregor, who refused the divorce based on allegations of sodomy against the husband. The case was undefended by the husband, who is a war pensioner from Christchurch, but he submitted a statement acknowledging the act in question. The Court of Appeal decided to refer the case to the Solicitor-General, allowing the Attorney-General to consider whether to participate in the proceedings. Prior to the hearing, the Court imposed restrictions on what could be published regarding the evidence but permitted the names of the parties and their counsel, the basis for the divorce suit, and the Court's decision to be made public. The ruling from the Court of Appeal reaffirmed Mr Justice McGregor's conclusion that, according to precedents set by the Court of Appeal in England, a wife who consents to acts of sodomy cannot seek a divorce on those grounds. The judgment was delivered by Mr Justice North, with Mr Justice K. M. Gresson and Mr Justice Cleary also on the bench. Representation included Mr P. H. T. Alpers for the appellant and Mr C. N. Irvine for the Attorney-General.
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