"WRONGFULLY DESERTED."

Auckland Star, Volume LX, Issue 139, 14 June 1929, Page 7

"WRONGFULLY DESERTED."

WIFE ORDERED TO RETURN. HUSBAND'S.PETITION SUCCEEDS. An order for the restitution of conjugal rights, the respondent to return within 14 days, was made by Mr. Justice Kennedy in the Supreme Court yesterday, after hearing lengthy evidence on a petition by Donald Green, flaxmiller, of Taipuha (Mr. Index) against his wife, Eva Mary Green (Mr. Northcroft). His Honor, in his judgment, said the. wife alleged she had just cause for leaving her husband, and her defence was that he deserted her and was not sincere in his present proceedings. An admission of infidelity by her husband was alleged to have been made during a domestic difference, and he denied having made it. No evidence had been obtained by the respondent against her husband, and his Honor accepted the petitioner's evidence in denying unfaithfulness. At the same time he did not find the husband's conduct beyond reproach. The respondent's submission that the petitioner deserted her failed entirely. In his Honor's judgment she wrongfully deserted him. On the evidence he honestly and sincerely desired her return. Much importance was attached by his Honor to the respondent's restrained manner of giving evidence. She had failed to prove she had just cause for leaving him, or that he had deserted her, or that he was insincere.