IN DIVORCE

Dominion, Volume 14, Issue 125, 19 February 1921, Page 9

IN DIVORCE

UNDEFENDED CASES DECREES NISI AND ABSOLUTE A long list of undefended divorce cases was heard in the Supreme Court yesterday before His Honour the Chief Justice (Sir Robert Stout). Elizabeth Taylor asked for dissolution of her marriage with George Taylor, to whom she had been married for ten years. Petitioner said her husband had been a drunkard and had failed to maintain her properly. Three weeks- after the wedding, witness said, a woman had come to the house, and had said Taylor was the father of her three children. A decree, nisi was granted. Herbert Ashton, carpenter, sought a divorce from Jessie Elizabeth Ashton, on the ground of adultery. He had been at the war for 2J years, and his wife had admitted carrying on with another man. A decree nisi was granted. Ida Mabel Fox asked for dissolution of her marriage with Jack Fox, from whom she had been legally separated. She stated that her husband was an habitum drunkard. Cecil J. Hewlett, clerk of the Wellington Magistrate’s Court, gave evidence as- to the separation order. The petitioner stated in the witness box that she had offered to return to the respondent if he provided a home. She had seen him two days ago, but he was under the influence of liquor. Hector Mill, brother of Mrs. Fox, gave evidence as to Fox’s drunken habits. A decree nisi was granted. Desertion was the plea on which Annie Cuff sought dissolution of her marriage with Archibald Arthur Cuff. Petitioner, in evidence, said that Cuff used to spend all his money in horse racing, and as a result of this she had to go out to work. She had not seen her husband since 1915, and since then had received no maintenance from him., There were six children of the marriage. Corona May Cuff, a daughter of the petitioner, gave evidence in support of her case. A decree nisi was allowed. Eileen Francis Annie Bock asked for

dissolution of her marriage v.ith Paul Bock, on the ground of desertion. She said that her husband had deserted her shortly after the marriage, having been unable to maintain her. Bock had on one occasion refused to recognise her in the street. Petitioner had .-.ince maintained herself by*nursing in the Masterton Public Hospital. Evidence in support of the petitioner’s case was given by Itobert Anthony Storey, her father. A decree nisi was granted, with costs on the lowest scale. Eileen Davis (Mr. A. B. Seivwright), in petitioning against Arthur Davis, on the ground of misconduct, said that there were two children of the marriage, which had been a happy one up to a certain point. However, the respondent had intrigued with another woman. The petitioner told her story to the Judge in an almost inaudible, voice. Evidence was also given by Edith Thomas, who had scon the respondent and another woman in a car-shelter. A decree nisi was allowed. Helen Bertha Foberts (Mr. W. F. Ward), in asking for divorcei from Joseph Roberts, alleged habitual drunkenness against her husband, who, she said, had struck her and kicked her on several occasions. In addition, he had threatened her with a. razor. He had never properly maintained her. "Winifred Donald, sister of ihe petitioner, gave evidence in support of the latter’s case. A decree nisi was granted. Olga Matilda Burman said she and her husband, William J. Burman, had only lived 40 days together since the marriage in 1919. In asking for a divorce on the ground of adultery, the petitioner gave specific instances of unfaithfulness which the respondent had admitted. Witness said respondent had also admitted paying rent for a house in Peters Street, wlxre he. kept another woman. Corroborative evidence was given by Mary Brooks. A decree nisi was granted. A middle-aged woman, Ada Corneal asked for divorce from William H. Corneal, on the ground of desertion. She had been married in 1888, and there were two children of the marriage. In 1908 her husband had gone to England, but had made no provision for her maintenance. Witness had supported herself by housekeeping. Corroborative evidence was given by Mrs. S. Lambert. A decree nisi was granted. Ada Florence Taylor (Mr. H. I l ’. O’Leary) alleged adultery against Edward H. Taylor. The parties had been married in Tasmania, later having come

to New Zealand. Petitioner had admitted his guilt on previous occasions, and his wife had forgiven him. Thomas Taylor, Brother of the respondent, iden-

tified his brother’s handwriting. A decree nisi was granted. On the ground of desertion Emilv Louisa Sanderson (Mr. Wilford) petitioned against Ernest B .Sanderson, stat-

ing that her husband had not lived with her for nine years. She had kept hereolf during that period. George J. W. Cooper, seed merchant, .said the petitioner was his sister, and he knew of the actions of the respondent, who hail admitted all allegations. A decree nisi was granted. In a counter-petition, Irene Effie Shackleford asked for a divorce from Leslie T. Shackleford on the ground of misconduct. She had been married in 1911. and there had been four children of the marriage . She had' not lived with her husband for about fifteen months, and at present he was in Auckland. She had seen her husband with another woman at a Wellington picture theatre—a woman employed in tho same business as her husband. He lost his position on that account. J. T. Potter, private inquiry agent in Auckland, gave evidence as to the respondent’s conduct with another woman. A decree nisi was granted. Ella Simpson Tracy alleged desertion against Sydney Joseph Tracy. Mr. H. F. O’Leary appeared for the petitioner. The respondent, stated counsel, had deserted his wife, and had prior to that treated her cruelly. In evidence, Mrs. Tracy -said she had maintained herself for over five years. Tracy had only ohce attempted to help maintain his wife by giving her -C3, in 1915. A decree nisi was granted.’ Louis Rowley (Mr. Bunny) asked for a divorce from Emily Evelyn Rowley on tho ground of adultery. Ho said that his wife had gone away with a man called Lee, on two occasions. She subsequently left her husband and' lived with fhe co-respondent, Lee. Petitioner’s son had asked her to return, but she had refused. Denis Mulhane said he knew “Mr. and Airs. Lee" at Karori, but tho woman Lee was really Airs. Rowley. A decree nisi was granted, tho petitioner being given custody of the children.

A plea for restitution of conjugal rights was made by Edith Percy Staveley (Air. P. AV. Jackson) against Charles George Staveley. The petitioner eaid she was married in 1915, and two years ago her husband had gone to Australia, but had not returned, though she had written two letters asking him to do so. His present whereabouts were unknown. Witness was maintaining herself in Wellington. Restitution was granted as asked. Air. Jackson asked whether it would bo necessary to serve an order on the respondent, who was in Australia. His Honour ruled that service would have to be made.

Margaret Noonan asked for a divorce from Ambrose William Noonan on tho ground of»desertion. The parties, said petitioner, had been married in 1912, but the respondent had never maintained her. Iler husband had come to Wellington in 1916, but even then did not attempt to maintain her. Also, he was of intemperate habits. She had maintained herself for some time. Mary Sharp gave evidence in support of tho

petitioner’s case. A decree nisi was granted. Alleged desertion was tho ground on which Albert John Finnic (Mr. T. Wilford) proceeded against Annie Finnic. For the petitioner, Mr. Wilford said the case was the first of its kind under the new Act. Finnie said he was married in 1912, and was later separated from his wife. Since then he had lived apart from his wife, and had kept the rules of the agreement. His Honour: "Can you ask for immediate dissolution?” Mr. ’Wilford: "Yes, Your Honour. . . . It rests with tho discretion of the learned Judge. The -Act is not as flexible as' the public imagine, as tho case rests with the learned Judge.” A decree dissolving the marriage was allowed. A decree granting restoration of conjugal rights was made in the case of Elizabeth Mary Thompson- v. Hugh Thompson. Alfred Henry Steed asked for a decree following a separation order, against his wife. There were two children of the marriage, of which one had died, and petitioner had agreed to maintain the surviving child, at present in the custody of the wife. The separation order had been obtained by his wife, but! petitioner had taken it on himself to ask for dissolution. He had observed the terms of the separation. Evidence in support of the petitioner’s case was given by William Thomas Steed. A decree absolute was granted, respondent to have custody of the child. Frances E. Langham, in asking for dissolution of her mdJ-riage with Arthur J. Langham, on the ground of habitual drunkenness, said her husband, whom she had married in England, while ho was a New Zealand soldier, had always drunk heavily. Petitioner had kept herself by working. The respondent had got into trouble through drink. Petitioner had a child twelve months old, and she was maintaining it. Tho case was adjourned for further evidence to be called.

John R. Taylor, of Wellington, sought a divorce from Olive Ella Taylor, and he alleged that his wife had misconducted herself with a coal trimmer named Weaver. A decree nisi was allowed. A similar decree was granted Margaret Bucknell against William Frederick Bucknell.

Mary Agnes Letitia Armstrong asked for a divorce from Cecil Armstrong o’, the ground of desertion. Evidence was given that Armstrong had not maintained his wife for some time. A decre nisi was granted.

Application for divorce on the ground of desertion was made by Elizabeth A. Burden, Henry James Burden being tho respondent. Petitioner said she had not been maintained by ■Burden for a considerable time. A decree nisi was granted.

Adultery was the ground on which Ethel Herbert Wales (Mr. R. Kennedy) proceeded against Cecil Brock Wales, a prisoner at present undergoing a sentence. She alleged that her husband had not lived with her since five years ago. Witness had intended to return to him, but ho had sold up the home.

The case was adjourned, pending the production of certainl affidavits. On the ground of adultery, Florence J. Hounslow, asked for disoluSion of her marriage with William W. B. Hounslow. Petitioner gave evidence as to the misconduct of respondent, and a decree nisi was granted. A similar decree was granted in tho ease in which William Owen Imrie petitioned against Ethel Tronic, on the ground of desertion. Mr. T. M. Wilford appeared for the petitioner, who said his wife had left him in 1915, and had not returned.