RESTITUTION PETITION

New Zealand Herald, Volume LXXIV, Issue 22818, 27 August 1937, Page 15

RESTITUTION PETITION

DEFENCE WITHDRAWN ADVICE GIVEN BY JUDGE A petition for the restitution of conjugal rights was made before Mr. Justice Ostler in the Supreme Court yesterday by Alexander Black, farmer, against his wife, Agnes Main Black. Before evidence was taken His Honor suggested that the defence should be withdrawn, so that the two children of the parties might be spared the effects of publicity. The respondent demurred, but after the evidence of the husband and their son had been heard, sho agreed. Petitioner was represented by Air: Dickson, and Mr. lnder appeared for tho respondent. Petitioner said they were married in 1914, and sinco then his wife had paid a visit to Norfolk Island and had been on a 14 months' holiday to England. Her letters from thoso two places were always couched in affectionate terms. Late last year they had an argument over his drinking habits, and ultimately he left tho house and went to an adjoining farm, where he had a monthly tenancy. He considered their differences were caused through the influence of a near relative. When the son had given similar evidence, His Honor pointed out to Mr. lnder that the evidence did not show anything "really terrible" against petitioner. It was evident he had been drinking, but if no stronger testimony were adduced it could be said straight away that the petitioner would get his order, while the wife probably would not receive any maintenance at all. The Court adjourned for a few minutes to allow Mr. lnder to confer with his client. When tho Court resumed it was announced that Mrs. Black had decided to abandon her de--6 His Honor made the order, to bo executed within seven days, with costs on the lower scale.