NEW PRACTICE

Waikato Times, Volume 120, Issue 20889, 22 August 1939, Page 4

NEW PRACTICE

PETITIONS FOR DIVORCE OUTSTANDING MAINTENANCE PAYMENTS BEFORE DECREE NISI An intimation that lie would In future stipulate that maintenance payments would have to be up-to-date before a decree nisi was granted in divorce actions was made by Mr Justice Blair in the Supreme Court, Hamilton, yesterday. The hearing of the petition for divorce made by Walter Lisle Tye, a grader driver, of Tauranga (Mr A. G. Ward , against Isobel Louise Tye, of Hamilton East (Mr W. J. King, instructed by Mr W. H. Adams, which was adjourned from Saturday, was resumed yesterday. Again His Honour commented upon defaulting in maintenance. “I am not going to allow a husband in default to make use of that default to secure a divorce from his wife. It is a very dangerous practice to countenance,” he said. Mr King said the practice in Hamilton had been to grant a decree nisi and delay the making of the decree absolute until outstanding maintenance had been paid. ‘T think I will improve on that practice,” said His Honour. "I will stipulate that maintenance lias to be up to date before the decree nisi is granted. J have little patience with husbands who spend their time going out of their way lo dodge payment of maintenance and then come and try and get a divorce so that they can try the same things on some oHier woman.” At the request, of the respondent's counsel, His Honour decided to grant a decree nisi subject to the outstandstanding maintenance being paid into Court before the seal was affixed.