THE DIVORCE LAW

New Zealand Herald, Volume LXXV, Issue 23129, 30 August 1938, Page 16

THE DIVORCE LAW

UNUSUAL APPLICATION PROCEEDINGS ADJOURNED An unusual form of divorce proceeding came before Mr. Justiro Callan m the Supreme Court yesterday, when a husband against whom a decree nisi was granted by Mr. Justice Rood last Septembci sought to have the decree mado absolute. The petitioner was .John William Gulliver, of Auckland, labourer (Mr. Schramm), and the respondent Emily Gulliver (Mr. Goldwater), 011 whoso answer on the ground of separation the decree nisi was granted. Objecting to the decree being made absolute, Mr. Goldwater said the husband had paid-his wife no maintenance since they separated in 3929. He referred to an authority deciding that the Court had discretionary power to refuse the granting of a decree absolute to a party who had not paid his costs. He submitted that this was a case in which that discretion should be exercised until the husband had made some provision for his wife's maintenance.

Mr. Schramm said that Gulliver was on a miner's phthisis pension and certified as being totally incapacitated for work.

His Honor adjourned tho case sine ! dio until the costs of the action \u>re paid or until an affidavit was filed as to Gulliver's means. DECREE NISI GRANTED GROUND OF SEPARATION On the ground of separation since February, 1935, Delia Hilda May DaleTaylor (Mr. C. A. Hamer) sought divorce from Hilton Dale-Tavlor, salesman (Mr. Gould), before Mr. Justice Callan in the Supreme Court yesterday. An answer had been filed, but Mr. Gould was granted leave to withdraw this. The parties were married in July, ]922, and have three children.

The petitioner said the respondent had neglected her to attend social functions and <;:ivc her insufficient money to carry on the house. They entered into a formal agreement to separate in February, 1935, and had not lived together since October, 1934. The children were with her. His Honor granted a decree nisi and gave interim custody of the children to the petitioner.