Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
A unique grasp of a tangled skein was recently exhibited by a judge
of the Probate, Divorce and Admiralty Division of the High Court of
Justice, when a woman who, it was shown, had misconducted herself,
was nevertheless granted an absolute decree of divorce against her
husband.[3] It appeared that the woman, who petitioned, had passed a
very dreadful life, which began by her seduction by her father’s groom.
The groom became her husband; she ultimately took divorce proceedings
against the man, but lapsed herself before obtaining the final decree.
The judge took a magnanimous view of the facts, sympathised with the
petitioner in her unfortunate life, and granted her what she sought.
The whole course was novel, but it left people with the impression that
greater justice had been done in this way than would have been done
had the judge refused the divorce. The case is not without interest as
a precedent. It savours of benignity and commonsense, coupled with a
sufficient disregard for inadequate conventional methods. The prospect
of lifting a fallen woman, from a sordid atmosphere to a plane of
respectability, no doubt chiefly actuated the judge in his decision.
His summing up, indeed, made this perfectly clear.
The existence of the peasant is not, perhaps, intellectually
interesting, as a rule, but his predicament, were he minded to take
divorce proceedings, would contain some instructive matter. In the
first place, his method of attacking such a question would be to
petition _in formâ pauperis_. This is more easily said than done, for
a tough and wide-awake solicitor must first be convinced that he is
justified in giving credit to the would-be litigant. Giving such credit
really means that he must be confident that it will be satisfied in due
course by the authorities. He therefore considers the facts of the case
with more than ordinary self-interest. The influence most likely to
induce him to take up the case is the reasonable certainty of success.
The anxious divorce candidate must perforce be capable of making his
facts very clear and speaking, if he wishes to secure the services of
the solicitor. When this feat has been accomplished, he is in a fair
way to proceed _in formâ pauperis_.
Public-domain text, read in full here on John Shaqi.
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