AMERICAN DIVORCE.

Otago Daily Times, Issue 20288, 22 December 1927, Page 15

AMERICAN DIVORCE.

NOT RECOGNISED IN ENGLAND. The validity of an American divorce in respect to parties resident in this country was raised in a matrimonial case heard at the Manchester City Police Court, states the Manchester Guardian, when Mrs Catherine Dutton, now of Queen street, Newton Heath, proceeded against her husband, Thomas Dutton, collier, of Gregory street, Leith, for maintenance. The wife’s claim was resisted by the husband, through Mr H. C. Hayward, and it was stated that when the wife had loft her husband in Indiana in 1920 he obtained a. divorce, on the grounds of desertion in the American courts.

Mr Hayward urged that a divorce so obtained should he held valid in this country. especially as the husband had thought at that time that ho would he settling permanently in the States. He had desired his wife to return with him, hut she had remained in England with her mother. It was very unfair on the husband that he should be divorced in one country and married in another.

Mr J. Bridge, who appeared for the complainant, Mrs Dutlon. .-aid her ease was that she had never been served with divorce papers, and had never had an Opportunity to defend the suit. She had simply wished to remain in England for the time being in order to attend her mother, who was ill. Desertion was. of course, no ground for divorce in this country, and, in any case, the question of domicile could not pn- = : t''v make the divorce apply to this countrv.

The d I ipendinry Magistrate (Mr .7. Wellesley Orr) said there was not the least doubt that n n American divorce after an English marriage, obtained in the manner stated, could not be recognised here at all. Ho had no option but to make an order of maintenance against the husband, but in consideration of (he fact that be had no employment the amount for the present would bo' nominal one of hJf-a-crown ' week.