UNUSUAL SITUATION

Dominion, Volume 12, Issue 125, 20 February 1919, Page 6

UNUSUAL SITUATION

DURING DIVORCE PROCEEDINGS,

■ f (By Telegraph—Special Correspondent.) Palmerston North, February 19. An unusual situation developed in the Supremo Court to-day. ■ At tlio conclusion of an undefended divorce suit (Fredl'ica AVilhelmia Bismark, petitioner, v. Erederich William Bismark), when all the evidence had been taken, Mr. Justice Chapman commented that 011 the face of tho-marriage certificate tho parties appeared to bo umiaturalised. Germans. Tho parties were married in Feilding in 1891. He did not think that either of them could get relief from a New Zealand Court during the war, i.e., till peace was signed. His Honour went 011 to say that lie 'had. granted one .woman relief through the Divorce Court. She was of alien eiiemy nationality, .but sho was born in" New Healaild, ami so in that way sho was entitled to the King's protection.

Mr. J. Ongley, who appeared foj the petitioner, Mrs- Bismark, remarked that there was a caso 011 record in England where a prisoner of war had obtained relief through the Divorce Court. In -acknowledging this, His Honour pointed out, however, that he did not know offhand whether (lie question had been raised as to whether the prisoner of war in question was under the King's protection or not.

Mr. Ongley that his client bad been in New Zealand since she was four years old, and she did not know whether her father had taken out naturalisation papers.'' She had an icl"a that he had 'clone this, but that toe papers were lost. Mrs. . Bismark had always voted at county anil general elections.

His Honour remarked that this could not be considered a determining fytor, as 1 from his knowledge sometimes electoral rolls were not carefully scrutinised. At this stage the Court adjourned, and 011 it resuming counsel, who had during the interval looked up records, put in a copy of the Gazette notice showing that on August 18, 1890, respondent was naturalised. The fact of her husband's naturalisation being established got over the difficulty of nationality so far as petitioner was concentcd, and obviated the necessity of His Honour going further into the question he had raised.

Before the adjournment a decrco nisi was accordingly granted the petitioner.