Wife Seeks Order for Restitution

Manawatu Times, Volume 64, Issue 280, 27 November 1939, Page 9

Wife Seeks Order for Restitution

HUSBAND IN GAMP AUCKLAND, Nov. 24 . Before Mr. Justice Callaa in the Supreme Court, Alfroda Lewis sought an order for restitution of conjugal rights against Henry Murray Lewis, at present in camp at Ngaruawahia and captain in the artillery. In evidence, petitioner said that she was married in January last. Her husband was not happy, and on August 25, after a disagreement, he said he regarded the marriage as a failure. He said he was leaving and was not coming back. Ho left her, and w'hen war broke out he enlisted. His Honour: You want him back? Petitioner: “Yes.” His Honour: lie is in the first echelon, and you know ho will be going overseas. You understand that this court cannot order husbands to return to their wives out of the army. What is your attitude? Petitioner: “I want him to come back. I am still fond of him.” His Honour asked counsel for petitioner, Mr. Hubble, what form of order he could make when respondent -was a soldier in camp. Mr. Hubble: “Possibly the position could be met if an endorsement or a note were attached to the order. Respondent, if he desired, could signify liis willingness to return, subject to military service. Petitioner wants to know how sho stands.” Remarking that he was satisfied petitioner w r as genuine and entitled to some assistance from the court, the judge made an order to bo complied with in 28 days, leaving Mr. Hubble to draft an endorsement in the manner suggested. J