SUPREME COURT

Manawatu Standard, Volume L, Issue 141, 14 May 1930, Page 2

SUPREME COURT

PETITIONS IN DIVORCE. PROCEEDINGS NOT DEFENDED. His Honour tho Chief Justice, Sir Michael Myers, was occupied in hearing petitions in divorce in tho Palmerston North Supreme Court yesterday afternoon. PARTIES SEPARATE. Elizabeth Mary Millet, of Wellington, formerly of Palmerston North (Mr Ongley), sought a decree nisi against her husband Richard Henry Millctt, of Masterton, farmer, on tho grounds of seporation for throo years or more. Petitioner said that sho was married at Bulls in 1901, and had lived with her husband at Pahiatua, Dannevirko and Bunnythorpo. Thbro was one child of tho marriage. A separation order had been taken out in 1921 and this was still in force. Petitioner had not seen her husband since this date. Last month ho had been convicted and sentenced to six months’ .imprisonment for failure to pay arrears of maintenance, but tho warrant was still suspended. Evidence was given by Mrs Jane Louden that sho had known petitioner for tho last eight years during which time tho latter had not lived with her husband. A decree nisi was granted, tho order to bo made absoluto after tho expiration of three months. AN UNUSUAL POSITION. “There aro unusual features in this case,” observed His Honour, when Rangianana Maraea Sutherland applied for a decree absoluto against her husband, Ernest Taniwha Sutherland. Mr Graham who represented petitioner said that the husband was serving a sentence of seven years’ imprisonment in Mt. Eden gaol, to which institution ho was committeed four years ago. Petitioner requested permanent custody of tho youngest child. Petitioner stated that sho had five children, the eldest of which, aged 15 years was a pupil at tho Maori Girls’ College at Marton. The two next children had been adopted at birth and the others were in All Saints’ Home at Foxton. Witness had been receiving from the prison authorities monthly payments which represented her husband’s earnings in gaol. She wished tho custody of her youngest child. His Honour: Have you any means? Petitioner: No. I intend to work as soon as this action is finished. His Honour: Has your husband means? Mr Graham: I understand that he is a Europeanised half-caste Maori, and that ho is an undischarged bankrupt. The position is very technical. His Honour intimated that he wished to consider the case and would give his decision later. DECREE ABSOLUTE. A degree absolute was granted to Mabel Elvira Nordbvo against her husband, Louis Nordbye. Mr Cooper, who represented petitioner, intimated that there was no opposition. MAORI AS CO-RESPONDENT. A Maori, Tumai Rohu, of Palmerston North (Mr Merton) was cited as corespondent in the case in which Leslie Holden Stephen Bowater (Mr Cooper) lorry driver, 'of Sandon, sought a decreo from his wife, Francis Maud Bowater. of Feilding (Mr Ongley). Petitioner stated in evidenco that ho was married in 1924, and lived with his wife at Bainesse. There were no children. He grew suspicious of his wife’s conduct last December. He produced letters from his wife and one in co-respondent’s handwriting, which was signed “Big Boy.” Petitioner alleged that tho letter was ample evidence of his wife’s misconduct. He added that Tumai Rehu had been his friend and he had entertained no suspicions of improper relations.. His Honour granted a decreo nisi and instructed petitioner to pay respondent’s costs, £25 and disbursments. Tho co-respondent was ordered to pay petitioner’s costs and also the amount which petitioner had- been ordered to pay to respondent. Petitioner was ordered to pay 30s weekly towa.rd his wife's maintenance until the order is made absolute.

HUSBAND'S PETITION. A decree nisi, to bo made absolute in three months, was granted to John Holm, sawmiller, <>i Murimotu, who petitioned against his wife, Anne Caroline Holm. Petitioner gave evidence that the marriage took place in 1903, the couple residing at Matanau, Raumati, and at Dannevirke. Thero wero six children. The parties had separated in 1925. Campbell Ernest Brown, of Palmerston North confirmed the statement that the husband and wife had not co-habited during the past fivo or six years. Mr Dorrington, of Dannevirke, stated on behalf of petitioner that under the agreement of separation the respondent retained control of two children under 16 years. AGREED TO SEPARATE. When the petition of Mrs Loma Evelyn Bale (Mr Innesl against her hsuband Richard Francis Bale was heard, it was stated by petitioner that the marriage took place in 1918, there being threo children. In 1927 a deed of mutual separation was entered into, which continued up to the present time. Petitioner lived in Palmerston North and her husband in Gisborne. She wished to retain the custody of tho children whom she had had sinco tho separation. Roplying to His Honour petitioner stated that her husband had como to New Zealand in 1912 as an engineer-instructor to the New Zealand Forces and had continued in residence in the Dominion during tho war. Ho had been for threo years in tho employ of the Manawatu-Oroua Power Board, and had spent tho last three years at Gisborne. A sister of petitioner, stated that sinco tho agreement tho lattor had lived apart from her husband. A decree nisi was granted to bo moved absoluto after the expiration of threo months, petitioner to havo, custody of tho children. FAMILY GROWN UP. An Otane (Hawke’s Bay) farmer, Alfred Henry Bull, who petitioned against his wife, Ada Sorona Bull, of Dannevirke, stated that the marriago took placo in 1888. In 1917 his wife left homo and tho couple had been separated since that date. His Honour: Not desertion, I presume? Mr Cooper (for petitioner) : No, an agreement was arrived at to separate. Petitioner stated that thoro wero threo children of the marirage, all of whom wero over 21 years. ~ . His Honour: Why did you wait so long beforo bringing theso proceedings? , Petitioner: I thought my wifo might return. ~ . , Confirmatory evidence was given by petitioner’s son, Ernest Alfred Bull. A decree nisi was granted to bo made absoluto after three months, and petitioner consented to pay alimony at tho rato ot £2 5s weekly.