SUPREME COURT.

Hawera & Normanby Star, Volume XLI, Issue XLI, 29 May 1922, Page 3

SUPREME COURT.

NEW PLYMOUTH SESSION.

DIVORCE CASE

In the Supreme Court, New Plymouth, before Mr Justice Reed, the petition . was heard of Elizabeth Ireland, of New Plymouth, for the dissolution sof her marriage with Arthur Ireland, labourer, formerly of New Plymouth, and now of Te Awamutu. Mr A. A. Bennett appeared for petitioner and the case was undefended.

The petitioner, in evidence, stated she was married on December 28, 1918, at the office of the Registrar of Marriages at' New Plymouth. After the marria&e sne liVed at New Plymouth with -her husband, and then went to InglewVod, where she and her husband lived, for a week. He then left her. She went to New Plymouth to look for him, but had not seen him since, neither had he paid anything towards her maintenance. Witness was 32 years of age when she was Warned, and her husband was 42.

.Francis Hodsoh, retired farmer, of New Plymouth, father of petitioner, gave veidenee that a week after his daughter left he met her in New Plymouth one night,.and she\said she was looking for Ireland. Witness took her home, and the next day ("a- Sunday) searched for respondent at the Breakwater. He found him at a place at which he used.to stay, and when witness arrived«lreland was engaged in peeling potatoes.. He asked Ireland what sort x>f man he, thought; he was, and the respondent replied that he was going to take Mrs Ireland to live on a ijarm. However^ he did not turn up » the next day, and witness had not t*ee__ him since. He was traced by the police and located ; at Te Awamutu. His Honor granted a decree nisi, to be made absolute in three months, costs o^ the lowest scale against respondent. CLAIM FOR MAINTENANCE. An application was made, by Mary G. Davidson (Mr Fitzherbert) for provision under the Family Protection Act put of the estate of hjei father, the late John Hart, deceased. Mr F. E. Wilson appeared for G. J. and G. Hart (executors of the will), and: Mr1 C. H. Croker, as guardian ad litem, represented Monica Hart. His Honor suggested it wasjthe, kind of ease which niight be, settled be- ' tween the parties. J ' ' Mr Fitzherbert said the parties had ' come to an agreement for the payment of thirty shillings per. week, and the two Abrothers had agreed to contribute j ten shillings a week each, but Mr ' Croker, as guardian ad litem, did not feel disposed to consent to the pay- * ment of a similar sum out of Miss Hart's interest in the estate, without the order of the Court. His Honor said he was satisfied plaintiff was entitled- to something frpm what he had seeh- of the papers filed. .. -7 Mr Croker said Miss Hart was quite willing to help her sister, but as she was;, not in employment he did not think she should be called on to pay the same proportion as her brothers, who were in receipt of .salaries from their businesses. The suggestion was made by Mr Fitzherbert that as Miss Hart would * shortly attain her majority an interim order could be made, and this could be re viewed later if. necessary. His Honor adopted this course, a temporary order for the payment of . ten shillings per week as from May 22 being made,7 costs between solicitor and client to fee met put of the estate. 7 Mr Fitzherbert intimated to His Honor that the proceedings were quite friendly between the parties, but the decision of the Court was desired. His Honor replied that he could see from the affidavits that there was nothing antagonistic in the altitude of the parties.