JUDGE’S QUANDARY

New Zealand Times, Volume LII, Issue 12322, 17 December 1925, Page 4

JUDGE’S QUANDARY

- UNUSUAL DIVORCE ACTION "TO CONDONE CONCUBINAGE” DECREE GRANTED In tlie Divorce Court yesterday Mr Justice Alpers gave reserved judgment in the petition of Unica Mary Boderiek for a dissolution of her marriage with Ernest George Boderiek. His Honour in his judgment said: — The parties were married on February sth, 1908, and six children were the issue of the marriage. Drunkenness, cruelty, and failure to maintain bis wife or liis children culminated several times in separation agreements; then the wife Apparently would condone the past, hope for better things in the future, and resume cohabitation. A final separation took place, however, on January 20th, 1919, and in a deed of that date the respondent covenanted inter alia to pay the sum of 30s per week for the maintenance of the six children, of whom the eldest at that date was 12 and the youngest 21 years old. In the past six to seven years the respondent has paid only £6O altogether. The petitioner now seeks a divorce upon the ground of an agreement for separation in full force and effect for three years and upwards.

LODGER COMES TO RESCUE She informs the court, however, that since October, 1922. she has been living with one Fisher on the 1 footing of man and wife. He came to her first ns a lodger, helped her to maintain the children, and the relationship admittedly existing developed not unnaturally in the circumstances. Fisher himself gave evidence and impressed mo very favourably. Petitioner had shown him kindness when he returned from the war, he went to lodge with her, and helped her to bring up and maintain her brood of children. In answer to a question from me he said: “To be honourable I would marry her if she was divorced and take the responsibility of her children.” Both petitioner and Fisher assured me —and I believe them—that intimacy did not begin between them till October, 1923—three years and nine months after the separation dee'd was entered into, and therefore nine months after petitioner’s light to seek a divorce had accrued. USING HIS DISCRETIOIN I.felt some hesitation in this matter at the hearing: I was desirous on the one hand of granting the petition and enabling a marriage with Fisher to take place; on the other hand I felt reluctant to make a decree that might appear to condone concubinage. I have, however, as the law stands, unfettered discretion in the. matter, and I follow Mr Justice Chapman in a case in which the circumstances were very similar, and grant the decree. It may he moved absolute in three months.