DIVORCE AND MATRIMONIAL CAUSES.

Otago Witness, Issue 1949, 2 July 1891, Page 11

DIVORCE AND MATRIMONIAL CAUSES.

Monday, June 29. (Before his Honor Mr Justice Williams.) PEATT V. PBATT.

Petition for dissolution of marriage on the ground of desertion and adultery. Mr J. G. Findlay, of Pahneis^on, appeared en behalf of the petitioaer, Mar/ *ret Louisa Pratt, of Puketeraki. There was no appearance on behalf of tho respondent, Henry Pratt. , The petition set; forth that, the petitioner. Margaret Louisa Pratt, and the respondent, Henry Pratt, both aboriginal natives of New Zealand, were married at the Bluff by the Rev. Q. Clement on' the 6th February 1888; that one obild was born of the marriage; that; respondent deserted sis wife without cause for up* wards of -two years; and that respondent had at various times committed adultery with a Maori widow at Grey town, and was now' living with her.

Mr Findlay stated that some time before her marriage the petitioner was residing at the Bluff, and there became engaged to the respondent. At that time the petitioner was an orphan, .and the marriage seemed to have, been an nnwise one, for the respondent possessed little of this world's goods, and the petitioner had, after the marriage, to pay her husbann'a fare and that of aome of her friends to Paketeraki. The parties lived there together for some eight months— -until October 1888— but daring that time the respondent was frequently away from home. He started a small shop at Paketeraki, but did not attend to it, leaving his sister in charge, while he spent hia time in Ounedin following, as far as could be ascertained, a fast life. For more than half that time he left his wife without letting her kaow where he was going, and without supplying , her with any money whatever. About a fortnight before he left his wife finally the respondent went to the Taieri, and at that time he was believed to be " carrying on" with a barmaid. in Dunedin. He returned for a few days, and told h» wife that he was going away. She asked him not to leave her. He went away, however, and for five or six months after- that the petitioner did not hear where he was. He had left her in a state of complete destitution, and it had probably come to his ears that hid wife proponed to institute proceedings, for at the end of February, 1889, ehe got a curt note of. a few lines from him, in which be stated that he was in the North Islani, and that she could join him if she chose. She immediately replied informing him that she would Come if she bad money, but she obtained no reply. After the child was born she again wrote begging him to return, but received no further communication from him. The respondent's father afterwards wrote to the petitioner to tell her that her husband was living in adultery with the co-respondent at Greytown. She verified this information, and in February 1890 she sued her husband under the Destitute Persons Act for maintenance j but she withdrew the information upon a representation being made that the respondent woold convey a small parcel of land to the petitioner, and that he would submit to an order being made for the custody of the child. The respondent had not contributed a single farthing to the support of his' wife since he left her in Ootober 1888. The petitioner had a small sum of money when she was married, but the respondent dissipated nearly the whole of that, and at no time did he ever give her any money at all. - Margaret Louisa Pratt (the petitioner) and John Uru (who gave evidence that .while he was in the employ of the respondent at Grey town in 1890 the latter was liviug with a woman named Ngahui, who passed as hia wife) gave evidence. \ His Honor, referring to the question desertion, said he did sot think the mere writing of a letter made the respondent's absence any the less desertion. Mr Findlay mentioned tbat that point had been decided in the case of Cunliffe v. Cunltffe. His Honor granted a decree nisi, with costs ; the decree absolute to be applied for at any time after the expiration of three months. The court rose at 1.10 p.m.