SUPREME COURT

Dominion, Volume 11, Issue 137, 27 February 1918, Page 5

SUPREME COURT

IN DIVORCE

UNDEFENDED CASES

Undefended divorce cases were taken in the .Supreme Court yesterday. Mr. Justice. Herdmßii was on the. bene)).

Elizabeth M'Coll Loitch petitioned for a divorce from George \Thomas Loitch on the ground ,of alleged desortion.

Mr. H. F. O'Leary appeared for the petitioner.

Petitioner said she was married on March 4, 1912, at the Itogistrnr's Office, Wellington, after which she lived with her husband at Wellington for five days. The latter then left for Sydney, the understanding being that ho was to send for her. He did not fulfil his promise, and had been away ever since. She once heard of him in San Francisco. This was shortly after tho marriage. There was one child of the marriage, and respondent had helped to support this during the first three years of his absence. Respondent, who was a qualified barrister, was employed in a law office in Wellington, and he had written saying that he did not intend to return. A brother of the respondent testified that tho respondent had been away since the end of March, 1912, and he had settled in America. At present he was in the Southern States of America. His Honour granted a decree nisi, to be made absolute in three months, with interim custody of the child and costs on the lowest scale. Irene Annie Yelverton sought a dissolution of her marriage with Barry Surrey Harris Yelverton, on the grounds of alleged misconduct. Mr. H. F. O'Leary appeared for petitioner. Respondent was hot represented by counsel. This case was originally set down as a defended one, out the defence was withdrawn. Petitioner said she was married in March, 1806. With the exception of a few days last year, she had not lived ivith her husband for two years. Respondent was a theatrical man, and went under the name of Barrie Marschel. Petitioner left him in consequence of another woman; Peter Savage, proprietor of the Kimholton Picture Theatre, and John Roydon Brown, manager of the Commercial Hotel, Kimbolton,-' also gave evidence. A decree nisi was granted, to be made absolute in three months. Costs were allowed on the- lowest scale.

Elizabeth Groundwater. Rodda, for whom Mr. P. AV. Jackson appeared, alleged misconduct as the ground for her application for divorce from her husband, Stephen James Rodda. Petitioner said she was married on January 11, 1912. After marriage she lived with her husband iu Christchurch and Wellington. There was one child of the marriage, a girl, horn in 1912. Her husband enlisted and went away with the Third Reinforcements, and returned to New Zealand in August, 1916. Since the respondent's return she had not lived with him. He had made no provision for her maintenance while overseas, and he had not kept her since his return. Ho had beer ordered to pay arrears of maintenance, and on his fa'iluro had been imprisoned for six months.

Evidence was given by the military authorities, setting out the reason respondent was returned from overseas. „ A 'decree,, nisi. was granted, to be miide absolute-in three months!

Lillian Luxton petitioned for a dissolution of her marriage with Charles Thomas Luxton, .alleging misconduct. by Mr. P. W. '■'■ jjacksbp!- 1 ■ ■- -Mrs-. 'Imst'6nr--whb was married on ?Jtily*4; 191o'i""a"t ,; "Wellington, said that after the marriage she.lived with her ■husband for four months at Wellington and Pahiatua. Sho then left linn on account of his cruelty and _ his "awful manners," and had not rejoined him. She subsequently learned that respondent was convicted of contractins; a bigamous marriage with a woman named Barker, and sentonced to six months' imprisonment. A deoree nisi was ordered, to }v made absolute in three months, with costs on the lowest scale. Ruth Anna Bowman asked for a divorce from Charles Henry Bowman, of Westport, on the grounds of adultery. Mr. Luke appeared for petitioner. Petitioner tested that she was married on September 30, 1888. She left respondent in 1905 because of cruelty, and subsequently sued him for separation and maintenance, with custody of her three children. This was granted. Subsequently he lived continuously with a dressmaker named Miss Payne, at Westport, a few doors from where petitioner herself resided, A married daughter of petitioner and a son, William Francis Bowman, gave corroborative evidence. A decree nisi was granted, to he rnado absolute in three months, with costs on the lowest scale. Emily Ward sued for divorce from Edwin Cornelius Ward, formerly a grocer, but now a private in the New Zealand.Expeditionary Forces, on the grounds of misconduct., .Mr. J. J. M'Grath appoarcd. for the petitioner. . Tho. petitioner deposed that sho was married "to ' respondent in 1911 at .Christchurciu There ivero two children of the'marriage. .In' June, 1916, her husband enlisted, and since December, 1916.' he had not lived with'her. Respondent was still in New Zealand.-: Petitioner had taxed her husband with misconduct,' and he had admitted the same in a letter produced in Court; in which, while offering to provide for her and- the children, categorically refused to-join. her. A. decree nisi was granted, to ho made absolute, with costs on the lowest scale. John lligg, for whom Mr. A. r. Hindmarsh appeared, sought an annulment of his marriage with Pauline Ricg on the grounds of desertion. Petitioner said that he was married in June, 1907, and he lived with Ins wife, for two years, when she left him with the avowed determination of never returning. This was on account of petitioner insisting that his mother-in-law should cease to be a member ot the household. She had never been hack since. Petitioner 'niiide.no allegations whatever of misconduct, A decree nisi was ordered, to l> made absolute in three mouths.