OFFICER'S SUIT

Auckland Star, Volume LXXIV, Issue 39, 16 February 1943, Page 4

OFFICER'S SUIT

WHILE A PRISONER

UNUSUAL DIVORCE ACTION

A divorce action of most unusual character, heard before Mr. Justice Callan and a jury in the Supreme Court to-day, was a petition by Trevor Harold Hadley, a Royal Air Force pilot-officer, now a prisoner of war in Germany (Mr. Milne), for divorce from his wife, Phyllis Isabel Hadley (Mr. Glaister) on the grounds of her adultery with Mate Paunovic, taxi driver, Auckland (Mr. W. W. King), and a claim of £250 damages. A defence by co-respondent indicated that he was unaware that respondent was married until some time after their association together. Opening the case for petitioner, Mr. Milne said he thought the jury would have no' difficulty about the divorce petition as admissions had been made by petitioner and corespondent. Petitioner and a brother, said counsel, entered the air force reserve before the outbreak of war and were called up in October, 1939. They went to Wellington and Christchurch for training, and when in Christchurch petitioner met respondent. They were married on March 9, 1940, when petitioner and his brother were on final leave. They went to see petitioner's parents at Thames, and on March. 23, after 14 days of marriage, petitioner' sailed for England, while his wife resumed her former position in Christchurch In September, 1940, on his 22nd birthday, petitioner was shot down while flying in a bomber over Bremen, and was posted missing. A week later advice was received that he was a prisoner of war in Germany. Meantime the wife had corresponded regularly with Mr. and Mrs. Hadley, senior. Early in December, 1940, she came to settle in Auckland and got employment with the same picture firm as had employed her in Christchurch. Her letters to Mr. and Mrs Hadley, senior, ceased and they lost trace of her, despite inquiries, until April, 1942, when, after a letter from her, Mr. Hadley, senior, by inquiring for Mrs. Paunovic found her at a flat in company with an infant child. He also found that this child had been registered as the child ot Mate Paunovic. By Power of Attorney Counsel said that respondent told her husbandls father that she had written to the Air Ministry to stop payments of allotments to her, and she returned some allotments that had been paid. The father had got into touch with his son in Germany and had obtained a power of attorney, and in November last got P® 1 "" mission from the Court to sign the petition and papers for divorce. Evidence on these lines was given by Arnold H. Hadley, father of petitioner. Cross-examined by Mr. King, witness produced a letter received from the respondent in April, 1942, in which she said she found they had made a mistake, mentioned differences in religion, and expressed a hope that the marriage would be dissolved. He added that whenever he saw her, when making calls in town, the respondent invariably wore her engagement and wedding ring.

Co-respondent's Story For the co-respondent, Mr. King said Paunovic met Mrs. Hadley at a Yugoslav dance and knew her as a single girl, because she was introduced to him by her maiden name and was known similarly at her work. It was not until she was in a certain condition and he offered to marry her that she told him she was married. Then, at her suggestion, he went with her ito Helensville because she wished to hide her shame from those who knew her. At that time he was interested in a fish business, earning about £8 a week, and the shift to Helensville reduced his earnings to about £4 10/ a week. Paunovic had a poor education in Yugoslavia and could not read or write English, so the Writing on any photographs he saw in her room would not mean anything to him. Co-respondent said he did not become a taxidriver till last Christmas. He gave evidence on the lines of counsel's statement as to not knowing respondent was married until he asked her to marry him. To Mr. Milne, witness said he did not see Mrs. Hadley wearing a wedding ring until after she had confessed to him she was married. (Proceeding)