CASE ADJOURNED

New Zealand Herald, Volume LXXVI, Issue 23430, 21 August 1939, Page 12

CASE ADJOURNED

DIVORCE PETITION

| MAINTENANCE NOT PAID COMMENT BY HIS HONOR " RESPONSIBILITIES DODGED " [from our own correspondent] HAMILTON, Sunday Evidence by a witness lor the petitioner in an undefended divorce petition, that petitioner had not fully complied with the terms of a separation and maintenance order, led to Mr. Justice Blair adjourning the ease in the Supreme Court at Hamilton yesterday. After making pointed comment on the circumstances of the case, His Honor adjourned the case until Monday, counsel being informed that if ho did not fix the matter up then it would nob bo fixed up at all. The petitioner was Walter Lisle Tyc, grader driver, of Tauranga, who sought a divorce from Isabel Louise Tye on the grounds that the parties had been separated since Jftnuarv, 1936. Mr. A. G. Ward, acting on instructions from Mr. J. K. Lusk, Tauranga, appeared for petitioner, and Mr. J. P. Eitz-Gerald represented the respondent, who did not defend the action. Petitioner gave evidence that he married respondent at Cambridge on August 31, 1926. One child had been legally adopted. A separation agreement had been entered into in January, 1936, and had been.in full force since.

Michael McCormick, maintenance officer, Hamilton, gave evidence that he knew the parties, and that ho had coine to know that they were living apart through petitioner's failure to pay maintenance.

His Honor, addressing Mr. Ward, said that petitioner's statement that the separation and maintenance order had been in full force and effect had been denied by his own witness, the maintenance officer.

"Do not try that on me," His Honor added. "It does not come off. On your own evidence the order has not been kept. You cannot pick fancy bits out of an order and say they have been kept and ignore the other parts of the agreement.

"You founded this case on separation, and tho order has been abrogated. If there had been no failure to comply with the order, tho maintenance officer would not have come into it.

"I have no patience with these people who dodge their responsibilities and perhaps want to remarry, and again dodge their responsibilities," continued His Honor. "The case had better stand down until you have considered the position. I am not tlio chief divorce co'unsel for half the wives with dodging husbands in New Zealand."