DEFENDED DIVORCE

Dominion, Volume 22, Issue 52, 24 November 1928, Page 7

DEFENDED DIVORCE

PETITION dismissed, Palmerston North, November 22. In the Supreme Court this morningMr. Justice Smith was occupied in hearing a defended divorce action in which Charles Stephen Startup, board-ing-house keeper, of Napier, petitioned for a dissolution of his marriage with Martha Startup, on ground of more than three years’ separation.:- The petition was opposed by the respondent,who alleged that the separation had been caused by wrongful acts on the part of the petitioner. Mr. Pitzherbert (Palmerston North) appeared for the petitioner and Mr. J. J. Sullivan (Auckland) for the respondent. . / Most of the< day was taken up in the hearing of evidence from both petitioner and ■ respondent, petioner being subjected to rigid examination by Mr. Sullivan, in reply to whom, witness denied striking his wife, saying that he had never,struck his wife in his life and had never used bad language to her; Counsel alleged several instances of assault, all of which were denied, as also petitioner denied counsel’s allegation that, he had been friendly with another woman. " Tn reply to His Honour witness said that the ‘first eighteen months of his married life had been happy, but after that their home had been neglected by respondent. C ■ ' . Respondent stated that the occurrences alleged by her counsel had taken place, her husband- having assaulted her on frequent occasions. • Further evidence was also heard, the hearing of the case ending late in the ■afternoon, and at 8 p.m .His Honour gave his decision to the effect that, taking a broad view of the evidence, that given by respondent was more credible' than that of petitioner, and -he, would have to accept it. It seemed to him that, but that respondent did not - want to be called a divorced woman, the marriage was one that should be dissolved. The petition would be dismissed with costs on the higher scale.