Husband Unable to Find Wife’s Costs

Manawatu Times, Volume LIV, Issue 6618, 3 August 1931, Page 3

Husband Unable to Find Wife’s Costs

UNUSUAL APPLICATION IN DIVORCE COURT.

Au unusual application came before the Hon. Mr. Justice Reed in the Palmerston North Supremo on Saturday when respondent in a, divorce action, Clara Helen Green, confectioner, of Fcilding (Mr. Graham), asked that a petition for divorce instituted by her husband, Albert Green, of Feilding, alleging adultery with Frederick George Hillman, be struck out. In making the application, Air. Graham pointed out that the petition was filed on March 16. On April 24 an order was made for security of the wife’s costs and another order that petitioner file further particulars of the allegations of adultery. Green had failed to find the security; had failed to supply tho particulars asked for; had failed to set down the case for hearing at the May session; and had failed to set tho case down for trie present session, ft was the duty- of petitioner to pursurc and prosecute his petition. Ho had made allegations of adultery against highly respected residents of 1 eiiding and those' allegations should not be allowed to hang over their heads indefinitely. Tho Court had power to strike out tho proceedings for want of prosecution. . His Honour: If there is no possibility of his receiving sufficient money, it would be hard on petitioner to strike the case out. Mr. Garham: Perhaps the Court could limit tho time for tho proceedings to commence. Counsel suggested tho November session. In answer to the Judge, counsel stated that there was no cross-petition. Mr. Culliuanc, counsel for petitioner, stated that the reason why the extra particulars asked for had not been supplied, was because one witness who had given Green a certain amount of information, now refused to say any more. Counsel submitted that respondent's remedy as far as the vaguo charges were concerned, was to movo to have them struck out of tho petition and for an order that no evidence could bo submitted on those charges. His Honour explained the rules on the point and stated petitioner must either withdraw the charges or give the extra particulars required. Air. Cullinane said petitioner was hopeful of being in a position before tho case came on for hearing, of giving those particulars. As regards the question of costs, it was quite impossible for Green to find security and find costs. In April last Green was unemployed and such earnings as he received he handed to his wife and what property had been accumulated, was her's. These facts were neither challenged nor contradicted. By her own act, respondent had made it impossible for petitioner to bring tho case to Court. His Honour: What act Air. Cullinane: By asking for security for costs.

His Honour: Has she means of her own?

Mr. Cullinane: She conducts a small confectionery business and has a motor car. Petitioner is receiving only 18s per week and every fourth, week is out of work. His total earnings since April 22 have been £l4 Is. Ho is quito unable to find his wife’s costs unless employment improves. Counsel submitted that respondent was in a position to proceed to trial without security, if she was anxious to clear her name and honour. His Honour asked what tho financial position of co-respondent was. Mr. Cullinane replied that Hillman was a motor car painter in Pcilding out he did not know anything as to his private means although Billman’s wifo was possessed, he believed, of considerable property. His Honour: You can inform the Court that you can give no further particulars than are in tho petition but may do so later. Mr. Cullinane: Wo have one specific date in tho petition. The circumstances of petitioner and general circumstances of tho labour market should be taken into consideration and Green given a reasonable opportunity of accumulating some property so as to comply with the order for security. Green is just as anxious to get tho case disposed of. Mr. Cooper, counsel for co-respondent: My client has had these charges hanging over him since March. His Honour: They can get rid of them by withdrawing tho application for security. I am very adverse in times like these, to making an order which would debar a man from getting his legal rights. Mr. Graham said the parties had been separated under a deed since hseptember IS, 1929, and Green was to pay his wifo ,17s per week for the support of herself and children. However, since December last not one penny had been paid. Tho wifo had the two children to support and had no means except a small confectionery shop) and a littlo assistance from her parents. Since Green had failed to provide her with the maintenance she had had a struggle to get along. Tho motor car had been in a shed for 18 months.

His Honour: They might possibly sell it. Air. Graham: I don't think it is worth the proverbial tin of sardines. A motor car seems to convert a person into a position of affluence according to what we have heard. It may have done so in the past but I don't know about theso days.

His Honour: It docs not even show they can pay their bills. Tho case was adjourned to tho November session.