BELIEVED DEAD

Dominion, Volume 23, Issue 196, 16 May 1930, Page 11

BELIEVED DEAD

HUSBAND WHO DISAPPEARED WIFE’S SAD POSITION Dominion Special Service. Christchurch, May 15. A man’s disappearance and his reappearance after his wife believed he was dead caused complications which were placed before Mr. Justice Adams to-day. Walter Vincent Thiele, who had lived in Christchurch with his wife, Annie Louisa Thiele, enlisted when the South African War broke out and went to the war. His wife completely lost touch with him, and his war medals were sent to'his relatives. Many years after this Airs. Thiele married Alexander John Barker, believing that Thiele was dead. Barker to-day asked for nullity of his marriage on the ground of a prior marriage. Mr. Thomas (for Airs. Thiele) said that it was a sad case. Mrs. Thiele was in no way to blame. -Alexander John Barker, a driver, said that in August, 1915, he -went through a marriage form with Annie Louisa Thiele. She had told him that her first husband died in South Africa. He had known Thiele for about forty years. In September last year he met Thiele in Christchurch, Thiele admitting his identity. Witness and Airs. Thiele had been living apart for some time.

Frederick Charles Thiele, brother of Walter Vincent Thiele, said that his brother left New Zealand, and for a long time was not heard of. To witness’s surprise a few years ago he received a letter from his brother in Alelbourne. His brother returned to New Zealand about three years ago and stayed with witness for several weeks. Air. Cuthbert, for Barker, moved for an order of nullity. He said that the question was whether there should be a decree nisi or a decree absolute. Barker was entitled to a decree absolute, as the facts were not disputed. If there was a case in which the court should use its discretion in favour, of the petitioner it-was this one. In New Zealand in nullity eases there was one in which a decree nisi was made and two in which there were decrees absolute. His Honour made a decree absolute, declaring the nullity of the second marriage form.