LONG SEPARATION

New Zealand Herald, Volume 78, Issue 24133, 27 November 1941, Page 7

LONG SEPARATION

HUSBAND AND WIFE PETITION TO COURT FAILS After a separation persisting since March, 1912, Percy Owen Wneatley (Mr. Noble) yesterday sought a decree for restitution of conjugal rights against Alice Maud Wheatley (Mr. Finlay) , to whom he was married at Devonport in 1903. The case was heard by Mr. Justice Fair. The petition was opposed by the respondent on the ground that her husband had deserted her. At the outset His Honor commented that the petitioner would have to show exceptionaly strong grounds why the Court should intervene . after ho had refrained from attempting to enforce his rights for over 25 years. In answer to Mr. Finlay the petitioner said he wanted a divorce. His wife and he had verbally agreed to separate. He had paid his wife an average of £2 a week maintenance throughout the past 25 years. His Honor said the petition was a very unusual one and it was quite clear it must be dismissed. The petitioner had stated that there was an agreement to separate between them, and that in itself would prevent"him getting a decree for restitution. Correspondence Mr. Finlay had produced showed that the petitioner had admitted repeatedly that the separation was due to his fault. It was true that he had regularly contributed a reasonable amount to the maintenance of his wife and family, but he had not shown that she had kept apart without just cause. Further, the petitioner had not established that he was sincere in his desire that they should live together again, but had frankly admitted that tlie purpose of the proceedings was really to get him his freedom. The petition would be dismissed and the respondent allowed £2l costs.