DIVORCE CASES

New Zealand Herald, Volume LXXVI, Issue 23274, 17 February 1939, Page 15

DIVORCE CASES

(UNDEFENDED PETITIONS 15 APPLICATION? HEARD STAGE CAREER FOR CHILD A MOTHER'S DETERMINATION Fifteen undefended petitions for divorce were hwird in tb<* Supreme Court yesterday by Mr. Justice Fair and Mr- Justice Callan, The majority 0 f the actions were based on the grounds of separation or desertion. A story of a mother's determination to get her young child on the stage was told before Mr. Justice Fair, when Felix John Fowler (Mr. Robinson) goiigbt divorce from Cecilia Mary Catherine Fowler on the ground of de6ertion. The parties were married in January, 1923, and had two children, the wife having another child by a previous marriage. Petitioner said his wife started their older child, June, dancing when she ff as three years old, and when she ■seas about four she got a vaudeville contract and her mother toured New Zealand with her. Later, when she was six she toured New Zealand with a company for about five months. Witness stayed at home with the other two children, and the neighbours helped to look after them. At the end of 1929 the child June got a three months' contract in Australia. Protest .of No Avail "I protested because I wanted to liare the child at home with me," witness said. "I did not like the idea of going on with it at all." However, the wife had her way, and went to Australia with their two children, leaving her own child behind with him. I'he wife found that she had to wait s year before June would be old enough to have the contract accepted in Australia. Witness offered to pay her fare back, but she refused to come home. In 1933 she got her own boy 6ent over to her in Australia without his knowledge. He had not heard from his wife since 1933. His Honor granted a decree nisi to be mo red absolute after three months. Allegation Against Wife

Statements which he said were mado lo him by respondent after she had separated from petitioner were repeated to Mr. Justice Callan by a witness who appeared on behalf of Albert Charles Brett (Mr. Matthews), when he sought a divorce from Emma Florence Brett on the grounds of her adultery with William Burroughs, who was cited as co-respondent. Respondent and co-respondent were represented by Mr. Robinson.

Petitioner said he was married at Auckland in 1930 and there was one child. The marriage was not very happy and as a result of various disputes, petitioner and his wife separ ated in May, 1937. He subsequently received certain information, but he had no direct knowledge of the allegation of adultery. William Leslie Baildon said that respondent and co-respondent were both boarding at his home in July, 1938. In that month respondent told him that she had divorced Brett, that sho was going to marry Burroughs and that, in fact, she had married him. Witness was asked to provide accommodation for them and he gave them a room. After about a month they vent elsewhere. A decree nisi was granted. Desertion by Husband

Allegations that her husband had refused to keep her were made by Kathleen Doris Agnes Johnson (Mr. Burns) in applying to Mr. Justice Callan for the dissolution of her marriage with John Richard Rathbone Johnson on the grounds of desertion. Their marriage took place in 1923, and they had lived together at Auckland until 1928, said petitioner. They then went to Sydney where petitioner "■forked constantly and kept her husband for part of the time. On account of her health she returned to New Zealand in 1930. In 1934 petitioner's sister wrote to respondent in Sydney asking him to take her 'back. Respondent replied that he could not keep her, that she could go to the police or the Charitable ■Aid, or that she could get someone else to look after her. Petitioner had Hot heard from her husband since. A decree nisi , was granted. Wife Who Lelt in 1919 Stating that his wife had left him in 'April,' 1919. and that he had not seen ier since, Frederick Charles Stubbs (Mr. TJrquhart) applied for a divorce from Ethel Dolly Stubbs on the grounds of desertion. Petitioner, who appeared before Mr. Justice Callan, said they were married in England in November. 1917, and after living in several centres came out to New Zealand and settled at. Devonport. He had recently heard that his wife was living Australia.

A decree nisi was granted. > , On the grounds of a separation brder issued by a magistrate 13 years Christina Elisabeth Basham (Mr. juatthews), sought a divorce from William Edgar Basham before Mr. Justice Callan. Petitioner said they were marked in 1919 and there were three chil?renJ Her marriage was unhappy as " e r husband was brutal to her. He had actually served a-'sentence for assaulttoE her. Since obtaining the separation order ghe had not lived with him. Petitioner was granted a decree nisi. Decrees in Other Oases

Decrees nisi were granted to the following on the ground of separation by order or agreement for more than three years:—Gladys Leola Baldwin Hamer) against Albert Baldwin ; £.' Iv e Rose Isabel! Christie (Mr. L. G. ointpson) against Alfred Christie; Uai ?y Catherine Rush (Mr. Rosen) ®gainst John Henry Rush (Mr. Charlotte Christine Mc*°owii (Mr. Dickson) against Bertie McKeown. Desertion on the part of the.respond"JV the ground on which decrees Sisi _ were granted to the following Petitioners:—Violet Irene Muriel Lewis 'air. Noble) against Edwin _ Melvin Robert Irvine Bathie (Mr. Bth a Kainst Margaret _ Agnes

v, Proof of adultery having been given, l^ c . v Robinson (Mr. Noble), was tinted a decree nisi against Doris Urner Robinson. John Connell being an, ed as co-respondent.