UNDEFENDED DIVORCES.

Auckland Star, Volume LXII, Issue 148, 25 June 1931, Page 5

UNDEFENDED DIVORCES.

COURT GRANTS PETITIONS. A WIFE ABSENT IZ7 ENGLAND. QUESTION OF CUSTODY. Four undefended matrimonial petitions were granted by Mr. Justice Smith in the Supreme Court to-day for the dissolution of marriages. Freda Gertrude Loveday, a petitioner in England (Mr. West), asked for a decree nisi against Francis A. Loveday (Mr. Singer), oil grounds of mutual separation. Mr. West said that the Court had given leave to the petitioner to pi ove her case by affidavit. An appearance had been entered by the respondent, but no answer. His Honor said the parties were married in England. In 1924 they agreed to separate, and the husband came to New Zealand. It appeared clear that he intended to reside here permanently. In 1927 he filed a petition for divorce, and his wife filed an answer, but he had not gone on with it. It was clear that the husband's domicile was in the Dominion and that the wife was also domiciled here. She had now filed her petition on the basis of the agreement into which she entered with her husband, and her evidence showed that the separation had continued from 1927. His Honor granted the decree, but said he could make no order for the custody of the child of the marriage. Unless a child was in the Dominion the Court could exercise no control. Mr. Singer said he would consent to give custody of the child to the petitioner. His Honor: I think the Court must always have a child within its jurisdiction, otherwise it is absolutely powerless. The question was left to be settled when Mr. West Thought an application for a decree absolute. Separation Order. On the grounds that a separation order had been in force for mere than three years, Jane Ferguson Baxter (Mr. Flynn) was granted a decree nisi against Andrew Baxter. Petitioner said she was married to the respondent on March 2, 1911, and they had lived at Feilding, Wellington, Hamilton and Auckland. There were two children. A separation order was made in the petitioner's favour at Auckland in January, 1921. Failure to Comply. A decree nisi was granted to Percy James Belton (Mr. Spring) against Mabel Elizabeth Winifred Belton on the grounds that respondent had failed to comply with an order for restitution of conjugal rights. The parties were married at Yorktown, England, in January, 1922, and had lived at Alder shot, England, and at Tauranga and Auckland. There was one child. In February this year the Court made an order that the respondent should return to the tioner, with which she had not complied. Separated Three Years. Jessie Perriam (Mr. Spring) was granted a decree nisi against Chailes Perriam, to whom she was inariied m 4pril 1912. They had lived at Dunedm, Napier, Russell, Frankton and Auckland. In January, 1928, the parties entered into a deed of separation, which was still in force.