MARRIAGE CONTRACTS.

New Zealand Herald, Volume LXVII, Issue 20649, 22 August 1930, Page 14

MARRIAGE CONTRACTS.

PARTIES SEEK RELEASE. COURT GRANTS DIVORCES. VARIOUS GROUNDS ADVANCED. STORIES OF UNHAPPINESS. Atjhut 50 petitions for divorce were heard by Mr. Justice Herdman .and Mr. Justice Smith in tbo Supremo Court yesterday, and in almost every case decrees nisi, to be made or moved absolute after the expiry of three months, were issued. A story of ill-treatment by her husband was told by Amy Grace Dncker (Mr. Steadman), who petitioned for divorce from Frank Ducker, to whom she was married in March, 1916. Tie petitioner stated that when they wero living in Fiji toward the end of 1926" and the beginning of 1927 her husband was continually abusing her. Ho would not pay bills and she had to obtain goods on credit. On that account ha never sat down to a meal without accusing her of having stolen the food. He repeatedly suggested that she should go out and work and keep herself and the children. He told her there were three other women prepared to marry him if only he could get rid of her. When they returned to Auckland they were frequently turned out of houses because he would rot pay tho rent. "Put Us in the Street." Ilis Honor: Did he over strike you? Petitioner: Yes. ho struck mo on the head, and said he would make me go queer, so that he could have ino put in a mental hospital. He put us all out in tho street one evening. Petitioner said her husband had persuaded her to go to him to a placo near Thames. Afterwards, while staying with relations at Ponsonby, sho received a letter from her husband accusing her of deserting the home and asking her to return. She did not think this was a genuine offer of reconciliation. The magistrate gave her a maintenance order for £1 a week, and the guardianship of the children. Her husband did not seem quite right at times, and she was afraid of him. In one letter he expressed liii' determination never to live with her again. Evidence that the petitioner had been left destitute, with her children starving, was given by a friend with whom she had ifayed in Ponsonby. His Honor granted the decree nisi, and ordered the husband to pay costs. j To Marry Husband's Brother. There were unusual circumstances in the case of Rosina Emily W. Fisher (Mr. West), who sought divorce from Albert Edward Fisher, with the expressed intention of marrying his brother, William Fisher. Tho ground of the petition was desertion.

Mr. West said the wife had been deserted and had obtained a separation order in 1923. She had subsequently been supported by the respondent's brother and admitted that she had had children. It wiis after the husband had failed for three years to provido for her that the brother maintained her and her three children. Slip' now desired to marry the brother. ■ The petitioner said she married the respondent under the name of "Arthur Charles'' Fisher, at Pokeno, in February, 1909. There were threo children of the marriage living. Her husband was constantly drunk and in 1923, when she was ill for 12 months, her husband never came near her. Sho obtained a separation, maintenance, and guardianship order. I When he promised her a good home she was persuaded to forgive him and return, but he to. k her with two small children to one underground room in Newton ]{oad. He was often drunk, and although Ifie did not strike her ho used bad language. She could not remain there, and went back to her mother in April, 1924. Her husband had done nothing to maintain her since In 1926 her husband's brother William offered to maintain her and her three children, and sho had since had threo children to him. All the children were treated as one family and the older ones had known no other father than William Fisher. The petitioner's mother corroborated the evidence of the respondent's cruelty and neglect. His Honor issued a decree nisi with leave to move absolute after three months, and ordered respondent to pay costs. A husband' 3 failure to provide his wife Tvith satisfactory accommodation was complained of in the case of Henrietta E. Kosovich (Mr. Terry), against Ante 'Kosovich. Thev were married in June, 1923. Petitioner said that when they were living at Panmnre she suggested that the "shack," or shed, ho had provided was not suitable for her to live in. In Sep- , tember, 1926, sho told him ho must pro- / vido something better, and she sought to arrange finance. He then left her and had not returned. / A decree nisi was granted. Deserted by Wife. Complaint of desertion more than five years ago was made by Cecil Walter Wilkinson (Mr. Steadmari) against Marcia Cordon Wilkinson. Petitioner stated that , tho marriage look place in January, 1919. Jn April, 1925, when they were living at Kaikohe his wife went to Auckland to go into hospital, and sho had never reI turned to him. Ho learned later that she had not gone to hospital, and was living in the King Country. Sho refused to return to him j When His Honor asked what reason sho gave for her refusal counsel said tho petitioner found very good reason to believe that sho was living with another man. Tho case was stood down to enable corroborative evidence to be produced on / affidavit. Allegations of misconduct on the part of his wife were made by Alfred Edward Evans (Mr. Lovegrove), who sought dissolution of his marriage, contracted in Thames in April, 1921, with Gladys Evans. William Grey was named as (he 'coj, respondent. Tho petitioner stated that his '' wife had admitted misconduct, and had told iiini that she preferred to live with Grey. A woman with whom respondent f stud co-respondent had lived whilo petitioner v,-as away gave corroborative evidence. His Honor issued a decree nisi and ordered co-respondent to pay costs. Husband Deserts Often. Evidence of desertion by a husband at frequent intervals was given when Dora '3>ivey (Mr. Schramm) petitioned against John Cook Davey, on tho grounds of definition. Petitioner said she was married I t'> respondent in England in July, 1909. tix months after the marriage her hus- , band deserted her and went, to Canada. He fought, in the Great War with tho Canadian Forces and then lived with her for two years from 1919. In February, 1921, her husband left her and canio to New Zealand. He did not comply with an arrangement that he should send her j ' the passage money to join him. She camo to New Zealand with her sister in 1923 and found her husband working as a . chof in a Gisborne hotel. Respondent again deserted her in 1925, after they had / cn living together for two years, mid > to Sydney. In 1928 lie wrote staty3 1 was n °t returning to Mew 4£slan<l. A decree nisi was granted. *

"From tho very first after the marriage I found that my husband was addicted to drink," said Ellen Elizabeth Baker (Mr. Singer), who petitioned against Frederick John Baker on tho ground of drunkenness and cruelty. Petitioner said her husband was under tho influence of liquor almost every day and was drunk 011 numerous occasions. When in liquor ho showed a very violent temper and used dreadful language. On ono occasion ho had threatened to "knock her head off," and on another to "cut her throat," and on some occasions had actually struck her. About a year ago, her husband had kicked her while 011 the floor. His conduct had necessitated her calling in the police on two or three, occasions. A daughter of the petitioner said respondent had a violent temper A neighbour corroborated the evidence of cruelty. A decree nisi was granted. A decree nisi was granted in the cako of Laura Emily Burns (Mr. Sulli\an), who petitioned against William Clark Burns on tho grounds of drunkenness and cruelty. Petitioner gave evidence that three years after their inarriago her husband had commenced drinking heavily and had treated her very badly. On one occasion he left tho homo in Christchurc.li on a. drinking bout and was finally located iu Wellington. Witness had been forced to go to work for her living. Between 1925 and 1927, respondent had struck her with his hand and kicked her. Iwice he had been sentenced to a term of imprisonment for cruelty to her and once for assaulting the police. They had left rhristchurch for Auckland, but, her husband had not reformed as ho had promised when the change was_ made. Cases of Unfaithfulness. On tho grounds of adultery, Christina C McEnteo (Mr. Schramm), petitioned against James Henry McEnteo. Petitioner said she was married in November, 1919, at Cambridge, and in April, 1927, she arrived in Auckland with her husband, taking a flat in Ponsonby. One evening she found her husband had been unfaithful. A decree nisi .vas granted. Petitioning against his wife, Linda Rnbina on the grounds of adultery, John James Pago (Mr. Schramm) cited Edward Hart as co-respondent. He said that respondent had 'eft him three years ago and had been living with Hart. A decree nisi was granted. A decree nisi was Granted in tho case of Barnard Ganderton (Mr. Hall Skelton), who petitioned against Violet Amy Ganderton, on the grounds of adultery. Petitioner cited William Cotter as co respondent. In evidence, ho said that his wife often went ou' until late on evenings, stating that sho was going to tho pictures with her sister. One evening ho surprised her at his gato with the co-respondent and their relations were admitted. The wife of the co-respondent gave evidence of finding her husband with respondent in her house. On the ground of adultery Arthur John Rowland (Mr. Garland) was granted a decree nisi against Gladys M. Rowland. Percy Colquhoun was named as corespondent. On similar grounds, George Dudley Fort (Mr. Singer) was granted a decree nisi against Dorothy Jano Fort, j Sequela to Separation. Decrees nisi were granted to tho following petitioners on the ground 01 mutual separation:—Omega Bessio Alison Sparksman (Mr. Goodall) against Cornelius E. Sparksman; Irene Isabel I'reshney (Mr. Fleming) against John B. Freshney; Gwendoline 1). Harrod (Xr. Walker) against William Henry Harrod; Ethel Pitcairn (Mr. Bennett) against Walter Pitcairn; Hilda Marion Buckley (Mr. Fleming) against Stanley Buckley; Elsie Dorothy O'Donnell (Mr. King) against Philip James O'Donnell; Evelyn Eulalie Crosby (Mr. Quartley) against John James Michael Crosby; Emma Maud Duggan (Mr. M. Adams) against Dennis Ilenrv Duggan; George William llannam (Mr. Garland) against Ellen Louisa Hannam; Ivy Maud Maxwell (Mr. Elliot) against Francis Leonard "Maxwell; Ann Elizabeth Dunn (Mr. Matthews) against Charles William Dunn; Myrcen Vera Fabian (Mr. Sullivan) against Cordon Haddow Fabinn, James Leonard (Mr. Matthews) against Jane Hannah Leonard; Maud Mary W. Leifh (Mr. Dickson) against John Leith; Florence Ruth Carey (.Mr. Ilall Skelton) against William Carey; Alice Louise Menriie (Mr. Singer) against Hugh Hamilton Mennirf; William Henry Cooner (Mr. West) against Mary Mitchell Cooper. Further Decrees Granted. Desertion was successfully pleaded as ground for the issue of a decre nisi in tho cases of Lovro Babich (Mr. Fennell) against Elsie Clara Babich; Alfreda Nora Peters (Mr. King) against Walter Edward Peters; Leonard James Wells (Mr. Singer) against Constance Ethel Wells; 1 Thomas Ilowarth (Mr. Singer) against ' Matilda Ilowarth; John Herbert Neithe 1 (Mr. Ilall Skelton) against Vera Neithe; ' K-athleen Taylor (Mr. Matthews) against 1 Kenneth Tayior. On the ground of the existence of a separation order for more than the statutory period of three years decrees nisi were issued to tho following:—Jessie Winifred Gavlor (Mr. Keegan) against 1 Claud Reginald Gavlor; Mabel C. Golds- ' worthy (Mr. Bennett) against N. W. Goldsworthy; Adelaide Kathleen Popo 1 (Mr. Schramm) against William J. B. 1 Popo; Elizabeth Sellar (Mr. Matthews) ■ against Daniel ScMar. 1 Tho respondent having failed to comply i with a decree for the restitution of conjugal rights petitioners were granted ! decrees nisi in the following cases:— 1 Walter William Bowker (Mr. Lennard) ' against Miriam Lavinia Bowker; Theodore Walter McGill (Mr. Kalman) against Edith M. McGill; William Thomas David--1 son (Mr. Singer) against Thelma Lily i Davidson; Basil Eric Niemann (Mr. Singer) against Elsie Jano Niemann; Norman N. McGowan (Mr. Dickson) against Audrey F. McGowan; Charles Wliito (Air. Dickson) against Eva Maud White.