DECREE IN DIVORCE

Press, Volume CII, Issue 30103, 10 April 1963, Page 11

DECREE IN DIVORCE

Adultery Held Proved

Rejecting the evidence of Evelyne Matyasevic in defence of a divorce petition by her husband. Nicholas Matyasevic, a restaurant proprietor, who alleged her adultery with Walter David Khouri, a company director Mr Justice Haslam in the Supreme Court yesterday held the adultery proved, and granted Matyasevic a decree nisi in divorce.

Matyasevic, whose case was conducted by Mr P. T. Mahon, had alleged adultery between his wife and Khouri, named as co-respondent, on various dates between March 9 and June 12, 1961. Mrs Matyasevic denied the allegation, and in her answer sought divorce from her husband. alleging his adultery with Joan Kennedy, a waitress, named as an intervener, on December 16. 1961, and thereafter between that date and March 18. 1962. There had been considerable evidence by Mrs Matyasevic, said his Honour, but he did not find her denial of the testimony for the petitioner satisfying—“l reject it, because I do not believe it,” his Honour said.

Mr G. S Brockett appeared for Mrs Matyasevic, Mr W. F Brown for Khouri, and Mr B. McClelland for Miss Kennedy. Question Of Answer

After granting a decree nisi in Matyasevic’s favour, his Honour said that Mr Brockett pointed out that the respondent’s answer might have importance for her in respect of future maintenance and custody of her child, and in respect of her joint family home, and asked that the answer be accordingly heard. “All counsel are agreed, however, that the volume of evidence to be tendered thereon precludes the possibility of a hearing before the Easter vacation," his Honour said.

The dates of the adultery alleged against the petitioner by the respondent rendered this question independent of the present petition, and would allow it to be heard by another judge, he said. AU counsel indicated their concurrence with his Honour’s remarks.