APPEAL FROM JUDGMENTS

Hawera Star, Volume LIII, 5 October 1933, Page 4

APPEAL FROM JUDGMENTS

VALIDITY OF SEPARATION. MAN ALLEGES BREACHES. (By Telegraph—Press Association.) WELLINGTON, Oct. 4. An appeal from the judgment of Mr Justice MacGregor dealing with two actions between the same parties was commenced in t|he Court of Appeal to-day. Appellant was Conway de Voice Blenheim Williams, labourer, Wellington, and respondent his wife Gladys Williams, formerly of Wellington, and notv living in England. On the Bench Were the Chief Justice, Mr Justice Reed and Mr Justice Smith.

Both actions concerned in the appeal arose out of the marriage, which resulted unhappily. In the first case Mrs Williams sought divorce based on a deed of separation, and in the second action she claimed' £463 10s in arrears of maintenance due under the same deed in respect of two children of the marriage. Mrs Williams succeeded in both cases. Mr C. A. L. Treadwell, counsel for appellant, submitted that • various clauses in the deed of separation were interdependent and that a- breach of one of these clauses by either party was |suffiaien,t to vitiate the deed; hence by her action in removing the children from New Zealand and preventing his obtaining access to them and bv her molestation and annoyance of him by taking the children away from him. Mrs Williams committed breaches of the deed which rendered it null and voil. Furthermore, sue broke a special covenant contained in the deed against her association with one Randall, which also was sufficient to cancel the deed.

As a result, counsel submitted, the deed had not been in operation for throe years as was necessary to establish a ground for divorce, nor had it been in operation so as to give rise to liability on Wiliams’ part to pay the maintenance provided for therein. Mr Treadwell was followed bv Mr H. J. V. James, also for appellant, wdio was addressing the court when it adjourned until to-morrow morning.