DIVORCE DECREE.

Auckland Star, Volume LXXI, Issue 221, 17 September 1940, Page 9

DIVORCE DECREE.

ANNULMENT BY COURT. EVIDENCE OF CONDONATION. WELLINGTON, Monday. A motion for a decree absolute following a decree nisi granted nearly five years ago was dismissed by Mr. Justice Ostler in the Supreme Court to-uay, and the decree nisi was annulled. Dionisios Callinicos, a confectioner, Napier, obtained a decree nisi from Beatrice Alice Callinicos on the grounds of adultery with Arthur Ernest Wallis, and Mrs. Callinicos applied to-day to have the decree made absolute. After hearing evidence and legal argument, his Honor said it was common ground that on two occasions, each time for more than a year, between the pronouncement of the decree nisi and the sealing of the decree. Mrs. Callinicos lived with her husband in his house with the children. She was his wife to the neighbours; she received an allowance and managed the house. That in itself seemed to be conclusive evidence of condonation by the husband. If a man on the same facts dared to come to Court and say there was no condonation because he had not forgiven her, he would be laughed out of Court. Furthermore, there was the point that during that period a child was born, registered as the husband's child, and cared for as his. The wife's evidence that the child was by another man was not admissible.