A POINT IN DIVORCE

Auckland Star, Volume LIV, Issue 57, 8 March 1923, Page 10

A POINT IN DIVORCE

PETITIONERS FEELINGS. T<X RJEBTITI.TIUN CASE?. The fart that an applicant for an order for restitution of conjugal rights must be sincere in asking f.h« marriage partner to return, accounted for his iHonor Mr. Justice Herdman. at tlie Auckland Supreme Court yesterday, deciiled to ronsider at leisure whether or Tint lie would grant an order in a case heard before him. The petitioner was Tiuby Martha Kilner ('Mr. R. A. Singer i. who sought nn order on her husband. Krands Thomas Kilner. Mrs. Kilner said -W was married in July. 101 H. Tho marriage was unhappy, and in July, 1921, ■when petitioner was at Opotiki sue wrote, a letter (copy produced I to her husband. His Honor: She saw h> tile letter that she does not. want him bark. Mr. Singer: After some months separation it might no', be unexpected to find the lady becoming lonely and ■willing to make up the differences with her husband. Hia Honor (to petitioner): You have written him a letter, saying it is better lor you to live apart? The petitioner: That was in 1021. His Honor: "We have lost all respect for each other, and it is impossible to go on living together." •Mr. Singer: She wrote 'hree times after that, asking him to return, and then I -wrote. The husband lias absolutely refused to return. His Honor: I want to know if the ißdy is genuine. (To the petitioner): If this man treated you like that, do you •want to live with him again? —T do not now; but I did then. His Honor: I do not think I can grant a. decree in these circumstances. Petitioner, in answer to Mr. Singer. •aid she would return to her husband if he treated her well enough. His Honor: Is the real reason for your taking these proceedings that you want to get rid of him? You do not want him to come back; the real reason is so that you can have divorce proceedings afterwards? —He will not maintain mc. His Honor: I shall have to look into the matter. I had better consider the caee.