CAUSE OF SEPARATION

Evening Post, Volume CXI, Issue 70, 23 March 1926, Page 9

CAUSE OF SEPARATION

WAS HUSBAND IMMORAL?

DECREE NISI APPEALED PROM.

An appeal from the judgment of his Honour Sir Robert Stout, then' Chief Justice, pronouncing a; decree Misi for. dissolution-of marriage in a.petition: in which Norman Boylo Chapman, of Wellington, merchant, was tho iiotitioiier -and Kuby Marie Chapman tho respon-. dont (now the appellant), was heard by the Court of Appeal this' morning, consisting of,-Vthqjr; Honours ■ Mr.. J.ustisd. Sim, Mr. "Justice MaeGregor, audUifr. ■ Justice' Alpors. Sir John Eindlay and Mr. W. Perry appeared, for .the . vppellant and. Mr. A. Gray, K.C., and Mr.. D. M. Fin'dlay for the respondent: : The decree was based on a deed of separation dated 10th .October,' 1917. Sir John Kndlay, for tho' appellant, said that the circumstances leading up to and causing the separation were the -immoral and other conduct of the petitioner. Tho parties had not lived together since the deed of separation was made nine years ago. It was contended for the appellant that the adultery and other wrongful acts of the petitioner led to the separation and that the appellant was an innocent woman, and that these facts were fully established before the late Chief Justice who gave the decree nisi. Sir John Findlay read excerpts from evidence to provo that, if condonation were argued, ■ the immoral relationships had been continued after it. < Letters not before the late Chief Justice were allowed to' be put in by the Court. ' (Proceeding.)