UNUSUAL DIVORCE

Gisborne Herald, Volume LXIX, Issue 20863, 15 August 1942, Page 5

UNUSUAL DIVORCE

GRETNA GREEN QUOTED CERTIFICATE MISSING AFFIDAVIT REQUIRED Although he stated that he had no cc.se dealing with the Maori people to quote, Mr. G. J. Jeuhe submitted legal argument based on a Gretna Green marriage when moving for a decree nisi before Mr. Justice Johnston in the Supreme Court in Qisborne to-day on behalf of Heni Paerata Takurua against Kareti Takurua on the grounds of desertion ancj adultery. The petition was not defended. Mr. Jeune said that the case was unusual because the marriage certificate was hot available. The officiating minister, a Maori, had not sent the return to Wellington before his house was destroyed by fire seven years later. Counsel proposed proving the marriage not by bringing evidence by the officiating minister, but from a witness who was present. The minister was an old man living at East Cape, and, while not impossible, it was awkward to get him to Gisborne. His Honour ruled that it would be necessary to secure an affidavit from the officiating minister in addition to the evidence of the proposed witness. The petitioner said she lived now at Waipukurau, being a nurse in the hospital. She was born, at Rangitukia, and lived there until she was 18 years of age. She Was then married there by the Rev. Mr. Kohere, in August, 1928. She made application to the Rev. Mr. Kohere in June for a marriage certificate, but the minister stated that all his records had been burned. However, he gave her a letter stating the date of the marriage. His Honour remarked that somebody should make'.'inquiries' into the matter, seeing that it appeared that the marriage had taken place some years before the fire occurred. The witness added that after the marriage she and the respondent lived at Te Araroa and Ruatoria. Later the respondent lived with another woman, and the respondent and the other woman became known as man and wife, with a child, and were still living together. Mr. Jeune quoted an authority regarding a marriage at Gretna Green, following which no certificate was available. Perhaps the fathers were chasing so fast up in the rear that they did not have time to wait for certificates in those days, counsel remarked. Mrs. Tuiti Kanuta, Gisborne, and Matai Haerewa, Rangitukia, gave evidence of the marriage. His Honour said he must have some better evidence of the marriage and must be certain of the date The petition was adjourned sine die for further information.