SUPREME COURT

Press, Volume XCV, Issue 28233, 22 March 1957, Page 8

SUPREME COURT

Defended Divorce Petition

A petition for divorce on the ground that the parties had lived apart for longer than seven years was defended in the Supreme Court yesterday, before Mr Justice Adams. The hearing will be continued today, the respondent’s case being part heard. The petitioner was Albert Edward Towns (Mr J. B. Weir), a retired yardmaster, and the respondent was Mona Towns (Mr W. F. Brown). The parties were described as being better known as Town, the mistake in their name not having been discovered until a copy of the marriage certificate was obtained.

The respondent alleged that the living apart was due to the wrongful acts, including desertion, or misconduct of the petitioner. Particulars of the alleged acts had been given, said Mr Brown, and a woman whose name had been mentioned in one instance had come from Dunedin to deny an allegation.

“An allegation of adultery,” ruled his Honour, “may not be made unless it be shown that the woman concerned has had proper notice, by service or otherwise, and thereafter, with knowledge of her right under Section 42, has elected not to reply.” After an adjournment, Mr Brown said that, in view of the ruling the allegation would be abandoned.

“I am not in any sense ruling that the evidence is not admissible upon procedings propertly constituted or if the opportunity to intervene has been given,” said his Honour.

In an undefended petition, Irene Emily Evans (Mr R. A. Young) was granted a decree nisi against Frank Joseph Evans (Mr J. B. Weir) on the ground of desertion.