DROVERS' DIVORCE

Auckland Star, Volume LXXVI, Issue 70, 23 March 1945, Page 6

DROVERS' DIVORCE

SEPARATION PLEADED WIFE'S ANSWER FAILS Holding that the respondent had not established that the real cause of the separation agreed to in August, 1941, was all the fault of the husband, Mr. Justice Callan, in the Supreme Court yesterday afternoon, granted a decree nisi to Leslie Donald Sinclair, stockman (Mr. Winter), on his petition for divorce against Jane Hart Sinclair (Mr. Townshend). The petition was based upon the ground of separation and was opposed by the wife, who contended that the separation was brought about by the abusive and obscene language petitioner had used towards her from 1938 to 1941. It was explained by the petitioner that when respondent visited the children under the house it was in a sunny room, which had been a children's playroom. In giving his decision, his Honor said that every time he had heard a case like the one before the Court, he had noticed how difficult it was to get the real truth. In the matter of money coming into the home they were not fortunate—they were dreadfully hard-up. He did not think either of them had the best of tempers and he could quite understand them getting on each other's nerves. It was a case of two unfortunate human beings not being equal to doing their share to make a happy marriage. "The husband has not been quite as patient and good as he might have been, but I don't think he is as bad as they have painted him," said his Honor. "For either party to say the whole fault is by one or the other simply won't do. It is the fault or misfortune of both. It is no disgrace whatever in being divorced on the ground of separation by agreement." A decree nisi was granted, custody of the children, which was not contested, being given to the respondent.