SUPREME COURT

Press, Volume XC, Issue 27396, 8 July 1954, Page 3

SUPREME COURT

RESTITUTION POSITION DEFENDED A petition by Leo Francis Jenkins, a grocer, for restitution of conjugal rights came before Mr Justice McGregor in the Supreme Court yesterday and was opposed by the wife, Margaret Ellen Jenkins. The evidence was not completed when the Court adjourned and the hearing will be continued today. Mr J. G. Leggat is appearing for Jenkins, and Mr B. J. Drake for Mrs Jenkins. Jenkins, in evidence, said that he and his wife were married on February 23, 1952, and there was one child of the marriage. Differences arose between them and on June 20, 1953, his wife left home against his wishes. She had not returned to live with him. On August 25, 1953, he wrote to her and a solicitor replied, saying that she would not return. Jenkins said he genuinely wanted his wife to return to him.

Mr Drake said that the case for Mrs Jenkins was that her husband adopted an overbearing attitude and showed a total lack of consideration for her and her feelings; that he was mean in money matters; refused to buy adequate clothes for her and the child; distressed her considerably by his habits: and that there were occasional acts of physical violence by the husband. Mr Drake said it was only after a threat of separation proceedings that Jenkins wrote to his wife asking her to return to him. Mrs Jenkins opposed the petition for restitution and asked the Court to make a decree of judicial separation in her favour. Evidence was given by both parties and the Court adjourned until this ‘mornin gf. DECREE NISI GRANTED Emma Susanna Mae Caldwell (Mr J. G. Leggat) petitioned in the Supreme Court yesterday, before Mr Justice McGregor, for divorce from Walker Caldwell on the ground of separation. A decree nisi was granted. The petition was not defended,.