UNDEFENDED DIVORCE.

Auckland Star, Volume LXI, Issue 201, 26 August 1930, Page 8

UNDEFENDED DIVORCE.

"A CURIOUS CASE/'

CROSS-PETITION OF WIFE.

DECISION WITHHELD,

"It is a curious case," said Mr. Justice Herdman in the Supreme Court this morning, when Dorothy McShane (Mr. Matthews) sought a divorce from William James McShane (Mr. Singer). Originally the latter was the petitioner, but 3 Mr. Singer said that the application of McShane, made on the grounds of misconduct, would be withdrawn. This would allow the wife to proceed' with a cross-petition based on the existence of a.separation order made in her favour on August 9,- 192 U. Mr. Matthews said. that the allegation of misconduct was emphatically denied. ' Dorothy McShane said she was married at Ngaruawahia on March 11, 1023. Subsequently she lived with her husband at Waiuku and Wellington. Her married life was not happy, and, on August 9, 1920, she, obtained a separation order at Wellington. She denied misconduct. Evidence was given by a friend that there had been hostility between the parties, and they had not lived together for several years. His Honor said he would grant a decree providing Mr. Matthews secured from Wellington a certified copy of the separation order, and an affidavit that the order was still in force. HUSBAND'S DISAPPEARANCE. "Oil April 22, 1925, a separation and maintenance order was made at Auckland iir my favour against my husband, on the grounds of cruelty and failure to maintain. I have not seen my husband since that day in Court. A'warrant was made for his arrest, but the police have been unable to trace hi in," said Isa May Martin _ (Mr. Hubble), who petitioned for a divorce from Robert Frederick Martin.

The parties .were married in December, 1917, and there are two children. Evidence in support ot the petition was given by Robert Todd, clerk of the Magistrate's* Court at Auckland, and by tlie°father of the petitioner. The latter' said that to his knowledge Martin had not lived with * witness' daughter for five years.

A' decree nisi was granted, the peti tioiier to have the custody of the children.

FAILURE TO RETURN.

Q 0 the grounds that his wife had failed. to comply with an order for restitution: of conjugal rights, George Edward Knock (Mr. Sullivan) was vranted a dissolution of. his marriage with Mabel May Christina Knock. The marriage solemnised at Auckland in March, 1922. and there are two children. The order to return Had been served on the difc in June last, but she had not complied with it.