THE DIVORCE LAW

Evening Star, Issue 15515, 10 June 1914, Page 4

THE DIVORCE LAW

AN IMPORTANT POINT.

[Pee United Peess Association.]

AUCKLAND, June 10.

An important point in the divorce law was decided to-day by Mr Justice Cooper, in the case of Fanny Holden, of Auckland, against William Holden, on. the ground of desertion. The petitioner was a New Zealander, and respondent an Englishman, They were married at TuraJdna in JBB6, and lived at Wanganui for three years, at Wellington for one year, at Sydney for one year, and at Melbourne for one year. Subsequently they 'proceeded to England. Jn 1907 the respondent announced that he was returning to New Zealand, and Jeft his wife very ill in London. The banking account oa which he left her to draw proved worthless, Ho came to New Zealand and stayed a few weeks in Auckland, and finally went to Bombay, where he was served with a citation. His wife had to invoke assistance to return to her native land.

Mr Justice Cooper said the facta established a cruel case of dessrtion and callous disregard of his duty to bis wife aid children, but respondent’s domicile of origin was England. He bad acquired $> domicile of choice in New Zealand, but his domicile of origin was not destroyed by the domicile of choice. By returning to England after living here for four or five years his domicile of choice was abandoned, and the domicile of. origin revived. His Honor regretted to come to the conclusion that petitioner oould not obtain relief here. The Court could not grant a dissolution of marriage.