SUPREME COURT

Press, Volume LXXXV, Issue 25896, 31 August 1949, Page 8

SUPREME COURT

PETITION DISMISSED This was not a suit which ought to be entertained in' New Zealand at all. The husband could wait a month or two and take proceedings in Australia, said Mr Justice Northcroft, in the Supreme Court yesterday, giving his decision on the petition by Harold John Wallace (Mr R. Twyneham) against Hazel Joyce Wallace for restitution of conjugal rights. i The petition was heard on Monday [ when his Honour reserved his decision, I saying he would examine the question of i jurisdiction. The petitioner had been in New ZeaI land for about two years and would be , back in Australia at the end of this year, j His wife had not accompanied him to | New Zealand, but they had kept up a i correspondence f rom which it was clear , that in large measure the marriage had ! broken down. The wife came to New | Zealand and was here for about two j months. The petitioner seemed to have . I done nothing until two days before his I wife was leaving for Australia, and she i was served with notice of the proceedings on the day she left. Neither party had 1 a New Zealand domicile. The wife was I now in Australia, the husband would be there very soon, and there proceedings ; could be taken where they both were living and could be completely advised. The petition was dismissed.