MARRIAGE ANNULLED.

New Zealand Herald, Volume LIX, Issue 18104, 31 May 1922, Page 11

MARRIAGE ANNULLED.

FIRST WIFE STILL LIVING.

SEQUEL TO LONG DESERTION

REAPPEARS AFTER RE-MARRIAGE.

An unufitual story of a man s matri. monia.l affairs was related before Mr. Justice Herdman in tho Supremo Court yesterday, when William Henry Frankpitt. labourer (Mr. Prendergasti), applied for nullity of his marriage with Mary Henrietta Frankpitt.

Mr. Prendergast said tho petitioner was first married in January, 1913, and his wit a deserted him within two weeks of tho ioarriage. He tried to trace her, but failed. Over seven years later, in November, 1920, ho went through a form of marriage with the presentl respondent. Ho did not deceive the woman and, in fact, it was suggested that ho went through the form of marriage with her at her solicitation.

Mr. Quartloy, who was appearing for tho respondent in a petition for alimony, said that was denied. Mr. Prendergast, continuing, said that no sooner had the petitioner married than ho heard from hici first wife, and he immediately started proceedings against her for a divorce. Ho obtained a decree nisi last year and it had been mado absolute. Tho petitioner and the present respondent had fallen out, and there really being no marriage ho asked tho Court for a decree of nullity. Questioned by the Judgo, petitioner said his first wife sold up tho borne and disappeared with tho proceeds. Ho was away for a few days at the time. A summons was issued against his wife for recovery of the money, but the Tyciice were unable to locate her. When he heard from her about 12 months after th« second marriage she was in Wellington. He did not know until then that she was fitiU alive.

His Honor made a decree nisi declaring the marriage null and void, to bo made absolute in three months. The hearing of tihe petition by the respondent for alimony was postponed.