BOLTON v. BOLTON

Dominion, Volume 21, Issue 190, 14 May 1928, Page 10

BOLTON v. BOLTON

FURTHER PROCEEDINGS IN DIVORCE SUIT

DECISION RESERVED ON IMPORTANT POINTS Dominion Special Service. Palmerston North, May .12. Further proceedings in the divorce case Bolton v. Bolton, in which Felix Stuart Hindmarsh Bolton secured a divorce from Eileen Bolton, at a sitting of the Palmerston North Supreme Court in December, were heard by Mr. Justice Ostler in the Supreme Court ju Palmerston this afternoon, when a motion to make the decree absolute was presented. With this motion His Honour had to consider the question of the custody of the two young children of the marriage, and the question of alimony. From tlie point of view of the children’s interests, said Mr. Treadwell, who appeared for respondent, the mother s influence was to be preferred, for she could now be regarded as fit and capable of looking after them. In his affidavits Bolton had seen fit to make certain charges against Mrs. Bolton, charges which he had made no endeavour to substantiate, and which showed that lie felt very bitterly and was not a proper person to have custody of the children. Counsel pointed out that several times Bolton had refused to let the mother see the children, and. Mrs. Shute, mother of respondent, had also twice been refused permission to see them. Regarding the matter of maintenance, counsel stated that respondent was well able to pay, as she had never had to earn her own living before, and would now be compelled to go on a lower social scale than she had been accustomed to. For petitioner, Mr. Onglcy pointed out that no matter had been brought before the Court to justify its practice being altered. The innocent party was entitled almost as a matter of course to tlie custody of the children, and the evidence brought out at tlie hearing had shown that the mother was not a fit person to have tlie custody of the children. Referring to the question of alimony counsel submitted that Mrs. Bolton was capable of earning her own living, for she was young, and in good health. Had she not married Bolton she would have been compelled to earn her own living. . . His Honour reserved his decision.