DECREE NISI GRANTED

Hawke's Bay Tribune, Volume XXIII, Issue 211, 19 August 1933, Page 3

DECREE NISI GRANTED

MRS. RICHARDSON'S PETITION INTERIM CUSTODY OF CHILDREN AUCKLAND. Aug. 18. Failure to comply with an order for restitution of conjugal rights was the ground of an application for divorce brougnt by Mona Mary Richardson against Kenneth Rahiri George Richardson in the Supreme Court this afternoon. The application was not opposed, and after hearing evidence Mr Justice Smith granted a decree nisi, to be moved absolute after three months. His Honour said he was rather troubled about the case. He had discretion in regard to the issuing of a decree, and he found it difficult to rid himself of information he had gained during other proceedings in the past few days. As was indicated to the jury in the prior proceedings on Thursday, there might be collusion. “My client was prepared to return on March 18, 1932, and also when the petition for restitution was filed.” counsel said. “I think that the proper course would be for me to direct the registrar to send all papers to the Solicitor. General, and he can interefere if he thinks fit in the public interest. In this proceeding the only evidence justifies the issuing of a decree nisi, to be moved absolute after three months,” said His Honour, who granted the petitioner interim custody of her children. The question of casts was reserved. “Under section 24 of the Act,” continued His Honour, “I will direct the registrar to forward to the SolicitorGenera] all papers and evidence in the restitution proceedings, in these proceedings and in the proceedings Richardson v. Richardson and Jenkins to enable the Solicitor-General to show cause why the decree nisi should not lie made absolute if he so thinks fit.”