DIVORCE.

Ashburton Guardian, Volume XXIX, Issue 7826, 19 June 1909, Page 4

DIVORCE.

NEWELL v. NEWELL

DUNEDIN, June 18. In the Supreme Court to-day Mr Justice Williams gave judgment in the divorce suit William John Newell v. Amelia Newell, in which petitioner sued for dissolution of marriage on the ground that his wife had, without just cause, wilfully deserted and left him deserted during over five years. Respondent deserted petitioner in March, 1903, the parties having then been married nearly eighteen years. It was common ground that the married life had been very unhappy. Petitioner, in his evidence, asserted that his wife had, throughout their married life, been guilty of misconduct, but for this assertion his Honour coula see no foundation, the assertion amounting to no more than suspicion. There was no evidence tending to show that she left home to take up with any other man, or that during her five years' absence she misconducted herself with anyone. Petitioner admitted that he was constantly accusing her of misconduct. Twelve days before respondent left home she had an altercation with her husband owing to the latter objecting to her talking to a man named Agnew and making a direct charge in connection with another man. If a man constantly, made charges of misconduct against his wife, and it was sought to show that such behaviour was justifiable, the Court ought to have some evidence that he had some reasonable ground for making the charges. In tho present case his Honour would conclude from the "videnco that tile petitioner was obsessed with a groundless suspicion. His Honour said he could not say respondent left home without just cause, or that she was not justified m staying away until, at any "rate, T? r- lui, s'ba'nd c.ame to a better mind. If m the opinion of the Court petitioner s habits or. conduct induced or contributed to the wrong complained of the petition might be dismissed. 1 The petition was dismissed, with costs. against petitioner. !