HOME FOR WIFE.

Auckland Star, Volume LXVIII, Issue 133, 7 June 1937, Page 8

HOME FOR WIFE.

DIVORCE PROBLEM. . POINT RAISED BY JUDGE. i PRACTICE IK ENGLAND. For the second time within a week his Honor, Mr. Justice Callan, raised this morning a point during the hearing of a petition in divorce which is of importance when petitioners apply for orders for resrtitutiop of conjugal rights. In the action this morning Charles Edwin Hills (Mr. I. Siuisou) asked for an order against Annie Isabella Hills and the petitioner gave evidence that they were married in January, 1902, and in 193i> were living 011 a farm at Mercer. He transferred the farm over to a son, who later ordered him off the place, and petitioner left in November, 1935, his wife refusing to leave with him. He had since written her twice asking her to join him, but though she had left the farm she refused to return to him.

In answer to his Honor the petitioner said at present he was living in Auckland in a room, but would soon make a home for his wife if she returned to him. His Honor said that the difficulty in the present ga<se was similar to one which arose in an undefended divorce heard last week. The petitioner wanted his wife back, and his Honor said he was satisfied it was a genuine application, but the difficulty was that the petitioner did not have a home to receive her. In England the practice was now not to allow petitions for restitution to be proceeded with unless the registrar was satisfied the petitioner had a home ready to receive the respondent. Mr. Simson asked whether the matter of a home would not be a question of degree. What would be considered a home for one person might not be considered a home for another. His Honor: It is. a big question. Can this Court make ail order asked for by the husband if he has not a home to receive her? The husband will say, "Oh, I will soon get a home," • but is that sufficient for me to make an order? It might be inferred that a wife by her attitude or letters had shown she would not return to her husband even if he had a home, but the queertion is has he a home to receive her? His Honor suggested that Mr. Simson present a memorandum setting forth his argument in favour of the granting of the order as asked for.