UNUSUAL DECREE.

New Zealand Herald, Volume LXVIII, Issue 20893, 8 June 1931, Page 11

UNUSUAL DECREE.

WIFE'S PETITION GRANTED. SUSPENDED ORDER MADE. A decree for the restitution of conjugal rights which was sought under circumstances not hitherto dealt with by a New Zealand Court was granted in the Supreme Court on Saturday morning by Mr. Justice Smith, who gave judgment to a wife whose husband was stated to he a voluntary inmate of the inebriates' home at Roto Roa Island and the order for whose detention did not expire for nine months. Petitioner was Molly Gartside Morton (Mr. King), and the respondent John Ramsay Morton. His Honor said petitioner had made out a case but respondent was at present detained in the inebriates' home on his own application and the term did not expire for nine months. It was not suggested that this application was made otherwise than in good faith. When the order expired Morton would regain his liberty, while he could if he so wished apply for another order. On the other hand, he might regain his liberty before the term fixed by the present order, as the superintendent had power to discharge a voluntary inmate at any time before the expiry of his term on the island. "In these circumstances it. is imprac ticable to fix a time within which the decree should be obeyed," continued His Honor. "If a time were so fixed, the respondent might be quite unable at the time of servico to comply voluntarily with the decree. I think the proper course is to apply the procedure adopted in a case in 1915 in which the respondent was at the time of the making of the decree for the restitution of conjugal rights on active service in France. "Accordingly, I grant the decree and direct that it is riot, to be served until the Court .gives further directions, and that until such directions are given the decree is to remain in the office," concluded His Honor. "Until further directions are given there can be no disobedience of the decree."