ACTION FOE DIVORCE.

New Zealand Herald, Volume LVI, Issue 17326, 25 November 1919, Page 5

ACTION FOE DIVORCE.

- "t» ■ — '; ELDERLY COUPLE DISAGREE WIFE'S ALLEGED DESERTION. FORMER DEED OP SEPARATION. A defended divorce action was heard before Mr. Justice Cooper at the Supreme Court yesterday. The petitioner «- William Thomas Kemp (Mr. Mahony) builder, of Auckland, and the responded Mary Ann Kemp (Mr. Gow), of Eltham and desertion was alleged as the ground on which a dissolution of the manage was Bought. , The petition set, forth that the parties were married in Auckland in Mav, 1882 and subsequently lived at Brookbv, ngarci, and Eltham. There were five surviving children, the youngest of whom wa, £1. At Jutham the respondent engaged in nursing, and for several years had been in the habit of going away from home for the greater part of the vear. In 1913 the respondent refused to allow the petitioner marital rights. Subsequently the pet.tioner came to Auckland and wrote to the respondent, stating that h 3 had provided a home for her at Remuerg The respondent replied in August, 1914 re fusing to live with her husband. ■The petitioner gave evidence in support of the petition. Cross-examined, he admitted that dis agreements between himself and his wife had arisen subsequent to the arrival ai E.tham of a female cousin of his. He also admitted that the cousin had kepi house for him in Auckland. No further evidence was called by the petitioner, and the Judge remarked thai the case appeared to be weal?. The chie* point seemed to be the alleged refusal ol marital rights. The respondent gave evidence that tin reason she had engaged in nursing wathat the petifoner had kept her short oi ready money, though the home was always well provided with food. She admittec having locked petitioner out of her room but denied having done so continuously Some t:me prior to 1913, a deed of separa tion was drawn up and signed by th( parties, the petitioner agreeing to allow the respondent 15s a week. the parties again lived as man and wife foi a wh-le. When the petitioner left Eltbarr. he left the respondent in possession of t furnished room in their house, but rented the other portion of the house. He under took to send her 10s a week, but had not sent her more than ss. After hearing addresses by counsel the Judge said he considered the old deed ol separation should be produced, and ad journed the case till Saturday to enable counsel to obtain a cony of the deed.