ORDER TO RETURN

New Zealand Herald, Volume LXXIV, Issue 22743, 1 June 1937, Page 12

ORDER TO RETURN

DECREE FOR HUSBAND

YOUNG COUPLE'S TROUBLES

COMMENT BY THE JUDGE

Am action for restitution of conjugal rights was son tested before Mr. Justice Gillian in the Supreme Gourt yesterday. The petitioner was William Mervvn Connolly (Mr. A. L. Spence), who sought an order of the Court for the return of his wife, Elizabeth Connolly (Mr. Dickson). The parties were married in April, 1933, and have 110 children.

The petitioner alleged that in October of last year his wife left him without just cause, but she alleged that she was justified in leaving on account of her husband's violent temper, which caused numerous domestic quarrels. She also alleged that her husband s application for restitution was not genuine. The petitioner said that on the day his wife left everything was all right, and she gave 110 warning. When ho returned at night he found she had gone, leaving hiiu a note telling nun not to follow her. Petitioner said he wont to Iter mother's house to see her, but she refused to have anything to do with him. He wrote her a letter asking her to come back, but got no reply. Their only quarrels had been over dances. Ho was not a dancing man, but she T\as fond of it. He was very fond of her and wanted her back. He denied that he had a violent temper. Tho respondent said she had left her liusband because of his filthy language and bad temper and conduct. She refused to return to him under any circumstances. Other evidence called was to the effect that Connolly had treated his wife badly. " Here sire,two young people, said His Honor. I doubt if either of them ever had any proper conception of the idea that marriage required of them a good deal of unselfishness and a great deal of forbearance." His Honor said he was satisfied that the husband would verv much rather have the wife back than awav from him. It appeared that he had a" bad temper, but His Honor thought this young woman was perfectly capable of looking after herself. She had failed to satisfy His Honor of the existence of such a state of affairs as would justify, her in leaving petitioner, and petitioner was therefore entitled to a decree. His Honor made an order for restitution of conjugal rights within 14 days of service.