ACTION FOR DIVORCE

New Zealand Herald, Volume LXXIII, Issue 22504, 22 August 1936, Page 20

ACTION FOR DIVORCE

DOMICILE OF PARTIES .WIFE'S PETITION ADJOURNED " Owing largely to the circumstance that this case has been heard largely on affidavit evidence, I do not feel , that the Court has yet been put in possession of all the available material to decide what has to be decided in this ease," said Mr. Justice (Jallan in the Supreme Court yesterday, in Tepcct of an action for divorce, brought by Veronica Elizabeth Forbes (Mr. Holmden), against Atholl Courtenay » Forbes, on the grounds of desertion and separation. Legal questions of domicile arose when" the case was heard on Wednesday, aS neither party is now in New Zealand. Decision was reserved. After reviewing the evidence and tho circumstances of the case, His Honor said yesterday that a wife who, without sufficient reason, had not accepted the offer of a home, could not say thereafter that it was " without just cause " that she had been left without reasonable maintenance. It was possible that if the evidence of the wife had been given viva voce she might have been able to satisfy the Court that the husband's offer was not genuine. " Her petition will therefore be adjourned, not dismissed," His Honor said. " This is done to afford her the opportunity of supplementing her affidavit by additional evidence, by affidavit or otherwise "