ACTION TOR DIVORCE

Ashburton Guardian, Volume XLII, Issue 9473, 4 March 1922, Page 4

ACTION TOR DIVORCE

CASE FROM ASHBURTON. \ JUDGE DISMISSES PETITION. At the Christchurch Supreme Court yesterday, Samuel Tretheway, of Auckland, labourer (Mr A. T. Donnelly), petitioned for the dissolution of his marriage with Annie Tretheway, of Ashburton (Mr F. S. Wilding) on the grounds of desertion. Mr Donnelly said the claim was based on desertion, and, alternatively, under the 1920 Act, applying to mutual separation. "Vhe answer denied that separation was by consent, and that desertion had taken place. The parties were married in 1896, and lived in Ashburton until 1913. They had been fairly happy until that year. The parties separated, by a written agreement, on January 24, 1913, the wife having left the petitioner some time previously and returned to her people. Cohabitation was resumed in February, 1913, and the parties set up house at Tinwald, living there until August 13, 1913, when the final separation took place. Petitioner went to Auckland, and remained in the North until he secured a farm. He did so, and wrote asking his wife to come up to Auckland, but this she refused to do. He i had left instructions with tradesmen l in Ashburton to supply his wife with ' provisions. In 1919 there w T ere Court proceedings, and an order made : against petitioner. The petitioner claimed that his wife had deserted him by refusing to live with him at Auck- , land or elsewhere,,

Petitioner gave evidence on the lines of his counsel’s opening address, but the case, was interrupted in order to allow the undefended cases to be taken.

When the case was resumed Mr Donnelly said that during the adjournment he had seen his client and his witnesses and had advised petitioner that he could not succeed. Under these circumstances he would not offer any further evidence.

Mr Wilding applied for costs. His Honor dismissed the petition, and ordered the petitioner to pay the respondent’s costs on the lower scale, £25; also witnesses’ expenses and disbursements, including agency costs.