DIVORCE COURT

New Zealand Times, Volume LII, Issue 12252, 25 September 1925, Page 2

DIVORCE COURT

DECREE NISI REFUSED WISHED TO MARRY ANOTHEf A SORDID CASE In the Supreme Court, Wellington*, before Mr Justice MacGregor, the case in which Alfred John l'arquliar, a telegraphist, of Wellington, sought a divorce from his wife, Margaret Lucy, Farquhur, on the grounds of separation by mutual content, was concluded*' Evidence given in the court or, Tuesday showed that the parties were married in 1909, and lived happily until 191 b, when domestic differences caused strain. In 1920, respondent had- 1 left her husband as the result of leged transference of affection from lien to another woman. Petitioner, in evidence, admitted having lived with anj other woman for some time in 1922. Mr O. C. Mazcngarb appeared foil the petitioner, and Mr P. \Y. Jackson . for the respondent. ,

His Honour, Mr Justice MacGregor, in giving his decision, said that tha case was a painful and a difficult one to determine. The petitioner alleged that, on or about Juno Id, 1920, ha and the respondent mutually agreed to live apart. The respondent had filed an answer denying this, and stating that she was forced to leave home ow. ing to her husband’s threatening tq forcibly eject her if she did not leave; The case, said His Honour, presented two principal factors for determination. Firstly-, had the parties separated!; by mutual consent? Secondly, whalji was the cause of the separation? Therl evidence showed that happy matri-j monial relations had apparently existJ ed previous to 1918, but after the ad-f vent of another woman in the household subsequent to this date, FarquJ bar’s feelings towards his wife undoubtedly had suffered a change, culminating in Mrs Farquhar finally leaving home with her children. Certainly; no wrongful conduct appeared to have taken place between Farquhar and tho girl previous to February, 1920. It was necessary fo funk for some deep, seated cause resulting in the strained domestic relations between Farquha* and his wife. ” TO GET RID OF WIFE "■? In reviewing the evidence. His Holt#' our was forced to the conclusion that the sole reason for this change in the petitioner’s feelings was the arrival in the home of a young and attractive girl. Mrs Farquhar certainly appeared to entertain no idea of any wrongful relations having taken place at the time the girl was staying in the house. •From the evidence it appeared quite clear that Farquhar had made up his mind to rid himself of his wife, in order that he might further his relationship with the girl. The case had presented a number of unusual features, hut on the gmnnds that FarquKar’s relationship with the girl had been the cause of the separation, His Honour refused to grant a decree nisi. The petitioner undoubted- [ ly desired to rid himself of his present' wife in order to marry the other woman, and, tailing this fact into consideration, His Honour did not think that the court should assist such an object by the granting of a decree nisi. “Accordingly,” said His Honour. “I must dismiss the present petition.” Costs were allowed on the highest scale.