WIFE'S APPLICATION

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

WIFE'S APPLICATION

POSITION TO BE ARGUED FORMER PETITION ON RECORD Alleging an agreement to separate, or in the alternative desertion, Daisy Vera Irene Plummer (Mr. Robinson) sought divorce from Phillip Armstrong Plumnler before Mr. Justice Fair in the Supreme Court yesterday. The marriage took place in April, 1922, and there are no children of the marriage.

Petitioner said she and her husband had lived happily together, but in 1933, on account of what she learned, she taxed f her husband with misconduct with another woman. He admitted it. and she said she would divorce him. She had not lived with him since. She actually started divorce proceedings on the ground of adultery, but later abandoned them. Mr. Robinson said the earlier proceedings had been filed, but never withdrawn, and the petition was still on record. He had not considered the position arising. His Honor said this was a matter that should have been considered. "Tt appears to me," he safid, "that, anxious as I am to grant a divorce, the previous petition entirely negatives the ground of the present petition. It is misconduct or nothing." Mr. Robinson submitted that it was a case of constructive desertion. His Honor: You cannot call it desertion by a husband when the real cause is misconduct. That is my present position. You can submit argument if you wish on that question. The case was adjourned to enable Mr. Robinson to submit argument.