AMERICAN DIVORCE

Evening Star, Issue 19760, 10 January 1928, Page 2

AMERICAN DIVORCE

NOT RECOGNISED IN ENGLAND. The validity of an American divorce in respect to parties resident in this country was raised in a matrimonial case heard at the Manchester City Police Court (states the ‘ Manchester Guardian’), when Mrs Catherine Dutton, now of Queen si reel., Newton Heath, proceeded against her husband, Thomas Dutton, collier, of Gregory street, Leith, for maintenance. The wife’s claim was resisted by the husband through Mr H. C. -Hayward, and it was stated that when the wife had left her husband in Indiana in 1920 he obtained a divorce on the grounds of desertion in the American courts. Mr Hayward urged that a. divorce so hbtainud should be held valid in this country, especially as the husband had thought at the time that he would be settling permanently in the Stales. He had desired Ids wife to return with him, but she had remained in England with her mother. It was very unfair on the husband that ho should bo divorced in one country and married in another. Mr J. Bridge, who appeared for the complainant, Mrs Dutton, said her case was that she never had been served with divorce papers, and had never had an opportunity to defend the suit. She had simply wished to remain in England for the time being, in order to attend her mother, who was ill. Desertion was, of course, no ground for divorce in this country, and, in any case, the question of domicile could' not_ possibly make the divorce apply to this country. The Stipendiary Magistrate (Mr J, Wellesley Orr) said there was not the least doubt that an American divorce after an English marriage, obtained in the manner stated, could be recognised here at all. He had no option but to make an order of maintenance against the husband, but in consideration of the fact that lie had no employment the amount for the present would be the nominal one of hall a crown a week.