SUPREME COURT

Dominion, Volume 10, Issue 3012, 24 February 1917, Page 7

SUPREME COURT

UNUSUAL DIVORCE CASE

Befoie His Honour Mr. Justice Chapman m the Supreme Court yesterday, Horace Rupert Maybury sought a dissolution of his marriage with Ancttc Maud Maibmj on the ground of desertion. An in->nei v, is filed alleging constructive desertion ou the part, of the petitioner, al»o ciuelty and counter-petitioning for .i divorce. All W T. Ward appeared for the petitioner and Mr. M. Myers for the rc,imulent. In his evidence the petitioner stated 1 In it he married the respondent in Uiiiolchiueh in August, 1907, and a child was boin in the following year. Boon lltei tin marriage he took his wife for i walk, in accordance with a doctor's ind when they were out his wife ii j uuded him for taking her out when she did not want to go, and said she wished she had never been mnrried. She. then left him and went Id her mother's house During their temporary separation he sent his wife money regularly. Letter horn the wife to the petitioner, which weie of an affectionate character,

were read by counsel. Before going to England for a trip he left with a firm of solicitors in Wellington a sum of money for his wife's maintenance. This money was never touched. Later on he was summoned for 'the maintenance of his child and an order by consent was issued for 10s. a week, anil he had kept up 'the payments regularly. For the respondent Mr. Myers stated that Mrs. Maybury had never asked for maintenance for herself, and none had been offered. She was merely concerned about the maintenance of the' child. Mrs. Maybury would not live with her husband because of his conduct. There was desertion ]>y one party or the other; Either Mrs. Maybury had deserted her husband or there 'had been constructive desertion, on the part of the petitioner. Mrs. Maybury, in her evidence, stated that her husband was of a jealous nature. The first serious incident occurred about three weeks after marriage, when her husband threw a carving knife at her, just missing her head. She warned the petitioner on several occasions that his conduct towards her would force her to leave him. He had always displayed a domineering, bullying, and-cruel disposition. She gave details of other incidents marring her married life. A sister of the respondent also gave evidence. Certain legal points were mentioned,' and His Honor reserved his decision until .he had heard argument on these points. .