SUPREME COURT

Otago Daily Times, Issue 25301, 11 August 1943, Page 4

SUPREME COURT

DECISION IN DIVORCE CASE Mr Justice Kennedy gave judgment yesterday in the divorce proceedings between Jessie Arnot Peat (petitioner) and her husband, Arthur Seddon Peat. The action had been heard on the previous da His Honor said that this was a petition by a wife for divorce, the ground being alleged desertion by her husband, it was claimed that the. husband had so behaved in the home and conducted himself towards the petitioner and her children In such a way that the conditions became Intolerable, and that the wife In the circumstances was justified in leaving her husband, who thereby was guilty of constructive desertion. Lengthy evidence had been given of a long course of drunkenness and violent conduct, and this had been supported by an independent witness and the evidence of the children. The husband had denied violent conduct, and generally his evidence had been opposed to that of the petitioner’s. witnesses. The question of credibility was involved, and he would say at once that, while there might have been some exaggeration in the evidence of the witnesses for the petitioner, on the whole he accepted their testimony as being the true picture. He preferred it on innumerable points to the evidence of the respondent, which he disbelieved. He found that the respondent had been for a period given to drunkenness, and while in drink at the home had been guilty of violent conduct towards his wife and children. His Honor granted a decree nisi, to be moved absolute after the expiration of three months. Costs were allowed to the petitioner,,,,