AFTER TWENTY-SIX YEARS

Dominion, Volume 18, Issue 194, 12 May 1924, Page 7

AFTER TWENTY-SIX YEARS

* MAN SEEKS DIVORCE IN ORDER TO REMARRY WIFE’S PETITION FOR • ALIMONY SUCCEEDS Au echo of a 26-year-old separation was heard in tlfe Supreme Court before Air. Justice Chapman on Satin - day, when a petition for alimony h.) Blanche Tucker (represented bv Ar. 0 C. Alazengarb) against Chai les Ernest Tucker (for whom Air. C. A... L. Treadwell appeared) was under review. His Honour said he felt that it was almost inwossible to fiiake a rciill.v satisfactory order in such a case. Hie parties were married in England, where they were then domiciled, in 1893. no present petitioner had stated that Tucker deserted her and left England in 1898. This he had denied, and asserted that his wife baa deserted him some time before he left. He hied his petition for divorce in Januaij, I---, alleging desertion, and was candid enough to admit that his object in suing for a divorce 26 years alter tho alleged desertion, was that he wanted to marry again. When the. matter came before Air. Justice Hosking, His Honour considered that the case was really one of separation and living apart bv mutual consent, and after the petition had been amended the decree was made on that ground. “All the facts seem to me to point to the parties having, so to speak, drifted anart,” said His Honour, “and neither party sought to ascertain the whereabouts of the other. . . . lucker knew he could find her through her father, if alive, and in this way found her when ho wanted to take divorce proceedings.” The position was now changed. His Honour assumed that apart from the imputation of desertion, both parties really desired and welcoined the divorce. Then when the imputation was abandoned,, and before the divorce decree was made absolute, Mrs. Tucker realised that she had some sort of right which she had not intentionally waived when abandoning her defence. The ground of divorce ultimately relied on was unknown in EjV-i" land as a ground of anv kind of I’cliel. His Honour did not think that there was anything in the history to suggest that Airs. Tucker was in a helpless position, but at her age (54) any other elder relations who helped her must be dying out, and she was entitled to some assistance from other quarters as she was not wholly capable of earning anything. “I think that a case for assistance and support is made out, but no more, concluded His Honour, and he made an order in favour of the wife for Ills. per week as from the date of the petition,.