PECULIAR CASE

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

PECULIAR CASE

APPLICATION FOR DIVORCE

QUESTION OF DOMICILE

Dominion Special Service.

Palmerston North, Alay 12. A case presenting peculiar features was heard in the Palmerston North Supreme Court this morning by Air. Justice Ostler, when John Sato, a Japanese of Palmerston, petitioned for a divorce from Lavinia Sato, of Wanganui. Petitioner, who was represented by Air. Cooper, advanced the reason of three years’ separation as grounds for the divorce, and stated in evidence that lie had been married in 1917. and they had sepaarted tlie following year. His Honour asked petitioner when he hud come to New Zealand. Petitioner: In 1909.

Have you lived here ever since? —“Yes, except during the war, when I was in the Japanese Navy.” AVhere do you hope to die? —“Home. His Honour intimated to counsel that as his client was not domiciled in New Zealand he could not secure a divorce in the Dominion, and accordingly the petition was dismissed. Later counsel told His Honour that by “Home” petitioner had meant bis home in New Zealand, and not Japan, and asked that the matter be reopened. His Honour intimated that tlie matter could be reopened on his return to AVellington.