MATRIMONIAL PROBLEM

New Zealand Herald, Volume LXI, Issue 18896, 19 December 1924, Page 14

MATRIMONIAL PROBLEM

APART UNDER SAME ROOF.

HUSBAND ASKED TO LEAVE.

CASE WITH PECULIAR FEATURES.

"It looks very much as though it were a short cut to divorce," said Mr. Justico Stringer in the Supreme Court yesterday, in the course of tho hearing of an adjourned application for the restitution of conjugal rights, brought by Fran'-r WriTtvr!- 1 -' P f - Singer) against Nina Louisa Wain wright.

When the case caniu iua. -eiore the Court on November 26 petitioner said that matters had become so impossible that ho went to live with his wife's people. Respondent had refused him the ordinary relations of married life. His Honor then said there was nothing to prevent petitioner returning home, and the case was adjourned.

Counsel said yesterday that ho would call evidence to show that tho house in which the parties were living after the marriage was the property of a near relation of respondent, who had let it to the wife. The furniture belonged to the wife, and she had ordered petitioner out of her home, leaving him no-alter-native but to go. To a question by His Honor, counsel said thero was a home with the relation, if the wLe would take it. But the relation wouid say the wife refused to have anything to do with tho husband, aud desired only his absence.

Tho relation, in evidence, stated that the houso in which the parties had lived was hers, and she had let it to respondent. Witness gavo the wife the furniture as a wedding present. Petitioner left home at respondent's request, and had come to live with witness. As far as sho krit w, petitioner had always been a good, stoady man. Asked by His Honor if respondent was desirous of obtaining a divorce, witness answered "Yes; they will never come together again." Why not?— That is between themselves. I don't know the reason.

To counsel, witness said the wife had absolutely lost all affection for petitioner.

Witness told His Honor that petitioner was boarding with her. Sho could, if she wished, accommodato tho parties aad their two children.

Prepar ;d to Make a Home. Petitionei laid ho was prepared to make a hofcne anywhere for his wife if she would : !ivo with him. He knew of nothing th.-it should have caused respondent to lose affection for him. Sho had made no accusation against him. To His Honor, petitioner said the unhappiness first arose after tho birth of tho second child in March, 1922. He had occupied a separato room for over a year. Respondent had ner*ormed the domestic duties in tho ordinary way, but had refused him tho ordinary relations of marrii 1 life. They had tiffs at times, and respondent had told him sho would rather he left tho house.

His Honor: You did not take her at her word o»i many occasions ?—I thought it might b'i just loss of temper for the moment.

What happened when you did leave? —It was -e row or squabble, practically similar to what had taken place before. Why don't you go back? —I will, if sho will accept me. It seems to me you have as much right in the house as sho has. Is respondent willing for yet; to go back and occupy a separate room ? —I have never put it to her that way. The relation, who was recalled, said she knew from her conversation with respondent that she would not have the husband in her houso under any condition. To Bis Honor, witness said tho man and wi/e were very unsuited to one another. His Honor: Have you any reason to suppose that if the man went back and was willing to occupy a separate room that ho could not go on living there ?— I know she. does not want him. Witness had lot spoken to respondent about separate rooms. Husba:id's Difficult Position. His HonoK said he must consider tho matter. It fad been established that the more rel.:=o! of —nrital relations did not justify a decree for the restitution of conjugal "rights. He could not help feeling that if petitioner went bade and took up his position as before in a separate room tho wife probably would not object. Tho caso possessed some peculiar features, and he had to be careful that he ;iid not lay down a principlo contrary to decisions on the matter. Counsel ssid there appeared to be no fault on the,- husband's part. His Honor- said ha appreciated that, and ho quits realised that to be under the same roof as tho wife and bo denied the ordinary maritai rights would be a very unpleasant and difficult position. But His Honor had to think what tho law was.

Counsel said petitioner was anxious to get his wife and children back if ho could, but if the wife would not livo with him ho was prepared to sever tho tie. Counsel asked His Honor to allow the matter to stand over until this morning, adding that in the meantime petitioner would take steps to see if tho wife would ajsree to their living together again, occupying separato rooms. His Honor, in agreeing to the adjournment, added, "Then I shall know exactly what the case is."