SUPREME COURT

Press, Volume LXXXVII, Issue 26394, 12 April 1951, Page 10

SUPREME COURT

DIVORCE PETITION OPPOSED

A petition by Horace James Burrell for divorce from Mary Burrell, on the ground of separation, heard before Mr Justice Northcroft in the Supreme Court yesterday. was opposed by the respondent on the ground that the separation was caused by wrongful conduct by the petitioner. After evidence for both parties was taken, his Honour granted a decree nisi. Mr R. A. Young appeared for the petitioner, and Mr W. F. Tracy for the respondent. Mr Young said that the petition was brought on the ground of a written separation agreement, made on July 28, 1945. The wife admitted that an agreement had been entered into, but alleged in her answer that it had been brought about by the wrongful conduct of the petitioner in ill treating her and their two children and in neglecting his home and business. Mr Tracy then read the evidence of the respondent, taken in Auckland, in which she said her husband used obscene and insulting language and frequently assaulted her Because of his cruelty and neglect she had left him on three occasions.

Counsel also read supporting evidence given by the daughter and son of the petitioner and respondent. Petitioner's Evidence

Burrell, in evidence, said he was now a fitter at the gas works. For 16 years after his marriage on January 3, 1928, he worked at Ohai, Southland, as a miner. He gave his wife all his wages. He had several accidents in the mines and lost the sight of his left eye, so he went to Invercargill in February, 1943, and started a quick lunch business in partnership with his wife. She had left him on three occasions when they were in Ohaix In February, 1945, she left Invercargill, taking about £3B, the week's takings from the business, and £lBO from their bank account. He learned that she had begun a dressmaking business in Christchurch, but she later went to Auckland. He denied his wife’s allegations and said the evidence given by her and the children was not correct.

That was the case for the petitioner. His Honour said that the evidence of the children had been shown to be unreliable. The husband had made out his case, but the wife had not made out her answer, and there would be a decree nisi. Undefended Petition Olga Margaret Hall (Mr R. A. Young) Sititioned for divorce from Ronald Trevor all on the ground of adultery. A decree nisi was granted. The petition was not defended.