W A COLLARD Vs. MARIE AGNES COLLARD

JUDGEMENT

(1.) These are appeals by the husband, the wife and the co-respondent in a matrimonial matter. On the 15 of November, 1920, the wife filed a petition against her husband alleging cruelty and adultery. She gave sufficient specific instances of cruelty to make that a complete charge if she had been able to support those instances by evidence. Her petition also alleged, adultery with sufficient precision to enable that to be a complete charge. If the court had accepted the charges of cruelty and adultery she would have been entitled to her decree. The defence of the husband was a complete denial of those charges.

(2.) In the husband's answer of the 13 of December, 1920, he set up not very clearly defined allegations, but said that he had evidence with which he could prove that his wife, the petitioner, had committed adultery with Mr. Dutton; but he said he did not wish to press the charge, and he attributed the divorce proceedings to Mr. Dutton.

(3.) The hearing of the wife's petition was commenced on the 7 of January, 1921, and on the 7 and 8 of January, the Wife's evidence, that of Mr. Dutton and that of Mr. Collard were taken; and then it appeared that the charges of cruelty rested almost, if not entirely, upon the uncorroborated evidence of the lady; and that the charges of adultery, as to the details of which the lady herself had no first-hand knowledge, had been supplied to her by Mr. Dutton. Mr. Collard then asked to be allowed to file a cross petition, and there was some argument as to whether he could be allowed to take this course because he had in court definitely withdrawn any imputation of misconduct against his wife. In the very singular circumstances of the case he urged that ho should be allowed to file a cross petition, because all these charges of adultery were made against him by a man who was, as he contended, the lover of his wife. The Court allowed the cross petition to be put upon the file and gave 15 days for the wife, who in that petition had become the respondent, and the co-respondent to file their answers. They were duly filed and then the hearings proceeded.