HUSBANDS AND WIVES

Sun (Auckland), Volume III, Issue 675, 29 May 1929, Page 13

HUSBANDS AND WIVES

Kg Divorce list at Supreme Court

NEARLY ONE HUNDRED CASES

UN K AIT UKI L wives, unfaithful husbands, desertion and cruelty were the burden of tales told at the Supreme Court today when approximately one hundred undefended divorce cases were set down fox - hearing-. Petitioners and respondents crowded the precincts of the two eoui'ts, both of which were occupied. Mr. Justice Herdman and Mr. Justice Kennedy were the presiding judges. Petitions for restitution of conjugal rights figured largely in the proceedings.

REFUSED TO RETURN Failure to comply witli a decree for restitution of conjugal rights was al- j leged against Thomas Arthur Smith, i Petitioner, Myrtle May-Smith (Mr. Matthews) was married on December j 26, 1911, and there were four children of the marriage. She said that her husband was asked to return home, j but no reply had been forthcoming. j Evidence was heard in support, and j a decree nisi, to be made absolute in I three months, was granted by Mr. Jus- J tice Kennedy. IGNORED ORDER An order for Olivia B. Ellis to return to her husband. Alexander R. H. Ellis (Mr. G. P. Finlay), made on August 18, 1927, was ignored. Petitioner stated his -wife had lived in London since the granting of the order, and he at New Lynn. He had gone to London to serve the petitioner and his wife had refused to return with him. He had come out to New Zealand eight years ago to seek employment, and had now made New Zealand his home. He had sent the passage money to his wife in order that she might join him, hut she refused to come. A decree nisi, to be made absolute in three months, was granted. STRUCK WITH IRON BAR On account of her husband’s drunkenness and cruelty, Loris Alicia Pearson (Mr. Matthews) obtained a separation order against William S. P. Pearson on June 6, 1,924, three years after their marriage. Petitioner stated that she had never seen her husband since, excepting when he had accosted her on several occasions. On one such occasion he had struck her with an iron bar and had been sentenced to six months' imprisonment. A decree nisi was granted, petitioner to have custody of the one child of the marriage. BRIEF MARRIAGE Married in April, 1927, Doreen May Blincoe (Mr. R. Singer), a young petitioner, had occasion to apply on November 29, a year later, for restitution of conjugal rights. Her Husband, Herbert B. Blincoe, did not comply with the order and a decree nisi was granted this morning by Mr. Justice Kennedy. HUSBAND’S ABSENCE Miriam Conlarn (Mr. Matthews) said her husband, Alfred James Conlam, had taken no steps to return to her, and had ignored the order of the court, made on February 2S, 1929, desiring him to do so. She was married in July, 1911. and there were three children of the marriage. in granting a decree nisi Mr. Justice Kennedy gave petitioner custody of the children. LIVED WITH ANOTHER Adultery was the ground on which j Eth6l Arrner (Mr. Matthews) petitioned for divorce against James j Arrner. i Petitioner said she married respond- 1 ent In July, 1916, and lived happily j with her husband at Pokeno until j 1926. Her husband was then work- I Ins as farm manager for Mr. Bell at Pokeno, and became friendly with the , wife of one of the shepherds. Her husband left shortly afterwards, and petitioner obtained a maintenance order against him. Francis .Tames Reynolds, a farmer of Whakatane, said that in April, 1927, he engaged a man named James Armer, who was accompanied by a woman who lived with Armer as his wife. Witness recognised Armer as the same man whose photograph was produced in court. Later there was some trouble when the woman’s husband appeared cn the scene. A child was born to the woman living with Armer. A decree nisi, to be made absolute in three months, was granted. In 1924 Doreen Comyns (Mr. Matthews) was married to Charles Cecil Comyns at Kingston, in England. They came to New Zealand, and, on February of this year, petitioner was granted restitution of conjugal rights. Her husband, however, refused to obey the order to return to her, although stilt living in Auckland. A decree nisi was granted. ANOTHER WOMAN Faithlessness of her husband was the basis of a petition of May Ethel Battye (Mr. Ready) for dissolution of her marriage with Rhodes Battye, on the grounds of adultery. On returning from a holiday at Napier, the petitioner, who was married on January 18, 1918, found a letter awaiting her, and as a result she followed him and found him living with another woman at Kohimarama. He admitted misconduct and this was supported by a written statement made by respondent before Mr. Bryce Hart, solicitor. A decree nisi was gTanted to be made absolute in three months, custody of the child being granted to petitioner. . FAITHLESS WIFE Adultery was the ground on which Harold Davis Dali (Mr. Watson) asked to be released from his marriage to Francis Mabel Dali. George Fenn was cited as co-respondent. Under instructions, Mr. Holden, for the respondent, withdrew the defence. Married in England on August 10. 1907, petitioner was deserted by his wife in June, 1915, and while he was on •active service she had commenced living with Fenn, and had since been cohabiting with him. He issued proceedings in 1915, but subsequently discontinued them at the end of the year and came to New Zealand in 1923. Confirmation of the. fact that her mother had been living with Fenn during the past five years was given by Stella Dali, a daughter. A decree nisi was granted, to be made absolute in three months. “SHORT AND SWEET” “Your married life was short and sweet,” suggested Mr. Hall Skelton to James Mathews, a Waipa farmer, who sought dissolution of his marriage with

Cicilv Mathews. The bride was au English girl, but she was very disappointed with New and could not stick farm life, declared petitioner. His wife stayed only 10 weeks after the wedding in St. Matthew’s Church. Auckland, and then departed for her homeland. A nisi was granted, to be made absolute in three months. LONG SEPARATION

Married in Auckland in ISSS, Fauny Caroliue Clark (Mr. Milne) separated from her husband. John Henry Clark, of Te Aroha. in 1912, and has not lived with him since. According to Mrs. Clark's testimony in support of her petition on grounds of separation. A decree nisi was granted, to he made absolute on the expiration of three months. FLAT LIFE Incidents in a Liverpool Street flat j were related in support of a petition; by Alexander Flanagan, a chemist’s | assistant (Mr. Johnston), for dissolu-j tion of his marriage with Moira Sybils i Flanagan, on the grounds of adultery. Flanagan said he was married on ! October 16, 1926, but their life together did not last long. His wife j went into flats and lived there until j early in September last year. He had | challenged her with misconduct with i Leslie Melton and she did not deny it. A maid and a married woman living at the flats stated that Melton, who had a garage opposite the flats had j lived with Mrs. Flanagan the last J three weeks she stayed there. The j pair had since disappeared. A decree was granted, to be made j absolute in three months. Custody of the child was granted to petitioner. NOT UNDERSTOOD “I have not been able to fathom the thing; i don’t know why she won’t return to me,” declared Harry Lloyd (Mr. Townshend) in support of his petition for severauee of his matrimonial bonds with Alice M. H. Lloyd, on the grounds of failure to comply with a decree for restitution of conjugal rights. Petitioner was married in 1920. his wife leaving him shortly afterwards. A decree nisi was granted, to be made absolute in three months. LIVING APART Separation for three years was advanced by Margery O’Neill (Mr. Johnston) in support of her petition against Francis E. O'Neill. Married in 1924. petitioner and her husband separated a year later and had lived apart since. A decree nisi was granted, to be mode absolute in three mouths. DISLIKED FARM LIFE A week of farm life in Taranaki was more than sufficient for Audree Helen Harper: she packed up and left, according to her husband. Wm. Harper (Mr. Bone), farmer, of Hikutaia, who asked for dissolution of his marriage on the grounds of separation. He was married in Scotland and he and his wife subsequently lived together in Wellington. When he went farming in Taranaki she could not stand it and. telling him she would go nursing again, she departed. A decree nisi was granted, to be made absolute iu three months. AFTER 21 YEARS Unfaithfulness on the part of his wife after 21 years of married life was stated by Joseph Wil- j loughby (Mr. D-ckson) to be the ground of bis petition for a divorce against Sarah E. J. Willoughby. Cyril Holmes was named as corespondent. Petitioner said lie was married in February, 1907, and it was in November, 1928, that he became suspicious of his wife. He saw her leaving Victoria Park with a man at 11 o’clock at night. Subsequently a man named Cyril Holmes came to reside at his home as j a boarder. Petitioner discovered j that his wife and this man were frequently together at night. He remonstrated with his wife, who told him to mind his own business. Petitioner detailed a certain compromising situation in which he discovered the couple, as a result of which he immediately left home. At the present time his wife was living with Holmes at Epsom. A son of the previous witness said the man Holmes had since been introduced to hitn by his mother by the name of Elliott. After his father left home the man Holmes still lived at the house. He had seeu his mother leave Holmes’b room at 2 o'clock in the morning. He and his sister later left home. The man Holmes, said Witness, was the chairman of a school committee. A decree nisi was grafted, custody of the youngest child being given petitioner. Costs were awarded against co-respondent. MIND MADE UP Restitution of conjugal rights was applied for by Ernest Dickey < Mr. Dickson). He said he married Juanita May Dickey in January. 1918. They lived in Auckland and there were no children of the marriage. His wife had left his home and had refused to return despite his requests. In a letter produced she said she had made up her mind not to return or have anything more to do with him. This, she said, was final. The wife was ordered to return within 14 days. PETITION ADJOURNED The petition of Lily Winifred Hyland (Mr. Dickson), against Leslie James Hyland, on the grounds of desertion, was adjourned. Petitioner stated that her husband wanted her to go on a farm with him, but her health would not permit this. To Mr. Justice Kennedy: Her busj band asked her to go. ! His Honour stated that it was the i duty of a wife to follow her husband. On the present evidence he could not grant a petition. Her refusal to aci company her husband could not be | termed desertion on his part. The case was adjourned to give Mr.

Dickson an opportunity of calling ther evidence. LEFT WITH BOARDER How a boarder in bis home had mf** conducted himself with his wife and finally departed with her was by Wm. Heatley.a tram condactor ( Sullivan), who sought dissolution his marriage to Nellie E. Heating Ernest Wall being cited as eo-respond% ent. The couple were married orf October 6. 1911. and had six chilrfc reu. Heatley had his aroused and challenged Wall wu i* misconduct. with his wife. Wals admitted ii. Wall and Heatley s *• **♦* left home and subsequently lived to| gether under the name of "Wallas 5 ui Grey Lynn and Newton. A decree nisi was granted to be made ahsohud ii ihree months, costs on the scale beiug allowed against the c-rm respondent Phyllis Inez L. Gordon, of Tata*# puna (Mr. MeYeagh) asked for dvw solution of her marriage with Archft bald Gordon, to whom she was mar* ried on June 3. 1911. Her husbaui! wear to Australia in 1919. A decree nisi was granted to be made absolved after three months. Custody of Hr* child was granted to the petitioner. TIME LIMIT FIXED Fourteen days was given to Edward S. Braithwaite. of Auckland, to retofil to his wife. Alice Braithwaite. on m petition for the restitution of con rights. THRASHED H4S WIFE The day following the wedcLnd Walter Leonard Cooper iarae hoiM drunk and thrashed his wife. Sar*9| Ann Cooper (Mr. Dickson I , who lated the incident to Mr. Justice Kenj nedy. f Following this, petitioner said went home to live with her mother. Later she returned to her hushan*A and lived with him at Wailii until n*l was seut to gaol for theft. Petition**!# theu lived with her parents agami where her child was born. Her peomv kept her during that period. Pew tioner again lived with him when fiq came out of gaol, but she was coir«i pelled to work to keep him and baby. Her husband was also cruel t/1 her during this time. At present hew husband was serving a sentence oj four years’ imprisonment in the Somff Island. A decree nisi was granted.. j WIFE LEFT HUSBAND Ralph W. F. Sanft (Mr. Mauhew*4 said that he and his wife. Edith Sanft. had lived happily foj gether since their marriage in Decern# ber, 1921. But in April of this yedtf his wife had left him. He desired tbs* she return to him. An order for re* stitution was granted. “AN IMPOSSIBLE MAN” "There seems to have been a mutual arrangement for separation,” mented Mr. Justice Herdman whe*j Clive Elkins Fw.mond (Mr. Henry f asked for the dissolution of her men# riage to John Edmond on grounds oa desertion. Petitioner was married in Invercargill in 1895, there being twq| children of the union. In 1901 husband sold up her home and lefj for Australia. “He is a domineering sort of man and forced his will na me,” declared witness, explaining she remained in Invercargill. His Honour: You say your husbamj deserted you, and your husband atf serts you deserted him. Has 03 maintained you? “Yes,” replied witness. She added that, for the sake of her children srfa went to Melbourne to try to make 4 fresh start. Her husband provided 1$ house, but no furniture, and she live<| there 10 days with him. “It was simply impossible to live with him.” slvj added, “so she returned to New Zeai* land.” His Honour: Then you deseriad| him. He provided a home for yon It was certainly a house, but it had n 0 furniture. Counsel stated that the respomi-eni was a well-known member of a Somjjp ern family of considerable means. HM had made a statement admitting sertion. The hearing was adjourned to (>«## mit the production of this testimony “CONFIRMED GAMBLER” I “The marriage was an unhappy as my husband was a confirmed ganfeO ler” declared Kathleen A. Kennedy ( Mr. Hampson) in support of p**i I petition for divorce from John Wiliiati | Kennedy on the grounds of desertio|j She declared that her husband ha< gone to America, taking one of ia| children w'ith him. A decree nisi granted to be moved absolute in months. Custody of the other chif* was granted to petitioner. MUTUAL SEPARATION On the grounds of mutual sepaaffr j tion. decrees nisi were granted Vw ! Mabel Woodley (Mr. Singer) i Alfred D. T. Woodley; Eva Ruth Wata rington (Mr. Matthews), v. WilKanf John Warrington (Mr. Milne); Drain (Mr. Matthews), v. Walte£ Drain; Madeline Victoria Wright iln Findlay) v. Alan Gordon Wright; Frail ces M. Kingston (Mr. Hart) v. Leods ard H. Kingston: Edith Mary Borland (Mr. Hubble) v. Wallace Edward Boa* land; Violet Lillian Grace Truebridgj (Mr. Sullivan), v. Benjamin A. Trir*s bridge; Florence Williamson (Mra Butler) v. John Taylor Williamson! Annie Henwood (Mr. McLiverf v. Henwood; Cmma B. McDonald (Mr. Fraeri v. Donald Roderick McDonald; John Thomas Deane (Mr. Lennard) v. Rose DeaneJ Rose Keith (Mr. Fleming) ▼. Georgj Hodson Keith; Elizabeth C. Halsel (Mr. Fleming) v. Chas. R. Hataeyi Agnes James Bond (Mr. Holmden* £ John Henry P. Bond. DESERTION On the grounds of desertion, decreed nisi were granted Annie Barr (Mr. Fta lay) against James Barr; Edwin Get 4 Boxall (Mr. Hall Skelton) v. Chariot* Boxall: Hori Ngahiraka (Mr. Short! % Mihi Terina Harry. FAILURE TO RETURN On grounds of failure to comply decrees for restitution of conjugep rights, Wm. E. Tostevin (Mr. Skelton) v. Eva Gladys Tostarin: Marcella Miller (Mr. Thwaites) Thomas Miller (Mr. Blomfield). On grounds of adultery: Louisa Thomas (Mr. Hubble) v. Walter Thomas. ORDERED TO RETURN Ou the petition of Francis Jobd Smythe, of Auckland (Mr. McLiver4 for restitution of conjugal rights, Chaj lotte Ann Smythe was ordered to turn to her husband within. 14 rbrva of the service of the decree. RESTITUTION OF RIGHTS Restitution of conjugal right*? ordered in the following cases: AR*exl L. Harman (Mr. Singer), v. Me.« Alice Harman; John Wilkie **** Dickson), v. Hilda Wilkie. Dissolution of marriage on grounds of the existence of a aepatow tion order over a term of over tirrett years was granted in the rase j Elizabeth Helen Ross <Mr. v. Robert John Roa*.