DIVORCE PETITIONS

Poverty Bay Herald, Volume LXVI, Issue 19882, 8 March 1939, Page 11

DIVORCE PETITIONS

UNDEFENDED ACTIONS SUPREME COURT HEARING GRANTING OF DECREES Decrees nisi were granted yesterday afternoon by Mr. Justice Northcrcft in the Supreme Court in three undefended divorce eases, the decrees to be moved absolute in three months. Simpson v. Simpson A decree nisi was granted Frances Laura Simpson (Mr. D. W. lies) from Hector Kirkpatrick Simpson (Mr. D. E. Chrisp), to be moved absolute in three months. Costs were granted on the higher scale providing they did not exceed £4O, including disbursements. An application by Mr. lies to withdraw certain allegations in the information was granted.

The petitioner said that they were married on October 5, 1936, in the registrar’s office at Gisborne. On the marriage certificate tire respondent was described as a bachelor, but the petitioner said that she had found later that he was a widower. she lived with her husband at Palmerston North, and there were no children of the marriage. An uncle had boarded with the couple at Palmerston North and was with the respondent when the petitioner came to Gisborne for two weeks’ holiday with her mother. On returning to Palmerston North she learned something that caused her to return to Gisborne, arriving here on Easter Saturday last year. John Stewart Patty, Palmerston North, said that he was an uncle of the petitioner, and remembered Mrs. Simpson leaving for Gisborne on March 15, 1938. On March 21 the witness returned home and respondent had a woman friend with him in the front room of the house. The respondent introduced the witness to Iris friend, and the witness noticed that the two had two bottles of beer in the room. They were sitting together on the couch. At certain times during that week he heard movements Jn the front bedroom, and lie saw the woman cooking food in the house.

One Sunday soon ::f‘ r t i‘i-> ness had two friends at the house early in the morning and while they were having a beer lie asked one of them to go to the front room with him as lie wanted to introduce him to a friend. The respondent and the woman were in bed togetiier. He found later that the name of the woman lie was introduced to was fictitious. Whitehead v. Whitehead On the grounds of separation. Hellena Janet Whitehead (Mr. M. R.

Maude) was granted a decree nisi from Stephen Whitehead, to be moved absolute in three months. No application. for costg was made.

The petitioner said that she was married to Stephen Whitehead on August 8, 1935, and they Jived together in Gisborne until December 12, 1935, upon which day they agreed to separate. There were no children by the marriage. The petitioner said that the respondent was jealous of her and imagined that other men were paying attention to her. She Was unable to continue living with him under tiiose circumstances, and had paid that it was of no use their attempting to continue with the marriage. At the time the two had been married for only four months. Mrs. Isabella McKinnon Burns said she had known Mrs. Whitehead for a number of years and had lived with her for the past two and a-half years. Since December 12, 1935, the petitioner had not lived with the respondent. Robinson v. Robinson A decree nisi, to be moved absolute in three months, was granted Mary Elizabeth Robinson, Napier, against Arthur Herbert Robinson,

The petitioner, who was given interim custody of the youngest child by the marriage, was represented by Mr. M. R. Maude, and Mr. G. Bradley Smith appeared for the respondent. The petitioner gave evidence that she married the respondent on April 4, 1917, in St. Augustine’s Church, Napier, and there were four children by the marriage. On December 4, 1935, they entered into a deed of legal separation and had lived apart ever since.

Mrs. Emily Jane Robinson, Napier, said the petitioner and the respondent had not lived together since December, 1935. Stewart v. Stewart The restitution of conjugal rights were granted Eric Joseph Stewart (Mr. J. rieV. W. Blathwayt )in a petition against Marjorie Stewart, the order to take effect within two weeks. Stewart, a sheepfarmer residing at Hangaroa, said he was married to the respondent on May 23, 1928, in Ilaumoana. After their marriage the couple lived near Napier, and after 1931 moved to Hangaroa. There was no issue of the marriage, and on October 29, 1938, his wife left him and since then had kept away from him without just cause. Letters had been written to the respondent and she still declined to return to the petitioner, and was living in Gisborne. Rogers v. Rogers A decree absolute was granted Olive May Rogers (Mr. A. A. Whitehead) against Reginald Fairlio Tietjen, alias Reginald Fairlie Rogers, the custody of the children being granted 1o the petitioner.