DIVORCE & DOMICILE

Dominion, Volume 7, Issue 2173, 11 June 1914, Page 5

DIVORCE & DOMICILE

IMPORTANT POINT.

CBy Teleera-ph.—Press Association./

4 , Auckland, Juno 10. An important point in divorco law was decided by Mr. Justice Cooper in the ease Fanny Holden, of Auckland, ■ against William Holden, on tho ground of desertion. Petitioner • was a Now ■Zoalandor and respondent an Englishman. They were married at Turakina ill 188G, and lived at Wanganui for t-hreo years, Wellington for oifo year, Sydney for one . year, and Melbourne for one year, and subsequently they proceeded •to England. In 190/ respondent announced that he was returning to Now Zealand. He left his wife very ill in London, and the banking account on which he left lier to draw proved worthless. He carao to New Zealand, and stayed for a few weeks in Auckland. Finally ho went to Bombay, whero he was served with the citation. The wife had to invoke assistance to return to her native land. Mr. Justice Cooper said the facts established a cruel case of desertion and callous disregard of respondent's duty to his wife and children, hut tho respondent's domicilo of origin was England.- He had acquired a domicile of choice in Now Zealand, but his domicile of origin was not destroyed by the domicile of choice. By returning to England after living here for four or five years his domicilo of choice was abandoned, and his domicile of origin revived. His Honour regretted ilint ho had to como to that conclusion. Petitioner could not obtain relief hero; £ho Court could not grant a dissolution t.f tlio marriage.