A QUESTION OF DOMICILE.

Otago Daily Times, Issue 13586, 7 May 1906, Page 7

A QUESTION OF DOMICILE.

(Pia United Pstcss Assochatioh.)

WELLINGTON", May 6; ■ The Chief .Tustico gave judgment 111 tho rase of Hoy v. Hoy, a petition for judicial separation on a motion to dismiss tho petition. 00-rcspondont raisod tho question that the court, had no jurisdiction to entertain the suit, on the ground that noitlier petitioner, respondent, nor co-respondent' was resident in or domiciled in Now* Zealand at the tjmo proceedings were, commenced. Petitioner was cook on tho British ship Sardhana, whieJi, at tho time of tho institution of tho suit and for 6omo tune previously, had boen lying alongside one -of the jetties in Wellington Harbour. Respondent _is his wife, ami the corespondent. in captain of the vessel. Respondent was stewardess on tho ship. Petitioner and respondent, said his Honor m giving judgment, were both on board n i ■ nt t,le timo at wl,ic h it was alleged that adultery took place, and the captain also was on board tho vessel. Petitioner and respondent wero married in America, and afterwards lived together in \anoouvor and in Lndysmith, in tho province of British Columbia, in the Dominion of Canada. Tho.v joined the ship at the port of Ohemaunw, British Columbia; They shipped as.:belonging to British Columbia, and of British nationality. It "was clojir therefore, that tho domicile of tho potitioner ww not that of Now Zealand,-and the question was whether, seeing that the suit was not. for divorco, but for judicial separation only and damages from tho corespondent, thorn was jurisdiction in the court, to hear it. If tho suit' had been for divorce it was abundantly plain that there would have boon no jurisdiction in tho court, to entertain it. In this case the matrimonial offence was committod in Wellington. It was true that tho parties were not domiciled in Now Zealand, Petitioner fl-nd Jus wife wore, howevor, having been paid off tho fehip, resident in .tfew Zealand, and as petitioner only sought,.separation, his Honor ruled that the colirt had power to entertain the suit The motion to dismiss the petition would be dismissed, with £5 5s costs.