DIVORCE CASES

Evening Post, Volume XCVIII, Issue 40, 16 August 1919, Page 5

DIVORCE CASES

UNDEFENDED PETITIONS HEARD

Quite a large number of undefended divorce cases were taken at the Supreme Court to-day, the Chief Justice (Sir Robert Stout) and Mr. Justice Edwards sitting , simultaneously, in different parts of the building. The cases taken, before the Chief Justice are given first. The first case was that of May Hutton against Thomas Robertson Hutton, a petition on the grounds of drunkenness and habitual cruelty. Petitioner, who was represented by Sir J. G. Findlay, K.C., with him Mr. J. C. Morrison, detailed at length her husband's drunken habits and his acts of cruelty, describing his behaviour as "most objectionable and repulsive." Corroborative evidence was given by a sister- of the petitioner, and his Honour granted a decree nisi to be made absolute after three months. POSTAL CLERK'S PETITION. Albert Berry, postal. cleric, sought a divorce from Inez Evelyn Berry, on the ground of misconduct. Mr. G. G. Watson appeared for the petitioner, who said there was one child of the marriage, which was an uiihappy one. The.parties agreed to. separate, and when he went to camp his wife was employed at a coffee palace,.and it was' then that the alleged misconduct took place. Evidence in corroboration was given by Bert W. Munns, inquiry agent, and _ decree nisi was granted with costs against the co-respondent on the lowest scale. . CURIOUS POINT ARISES.' Linda James sought a dissolution of her marriage with Cecil Cavendish James, on the ground of misconduct. Mr. P. W. Jackson appeared for the petitioner, who gave evidence of having been separated from her husband, who went to the war in 1917. When he returned in 1918 she ascertained that he was suffering from venereal disease. L. W. Cousins, assistant records clerk at. Base_Records, was called to substantiate this latter allegation, but, acting on the advice of a superior officer, declined to produce the file. His Honour said he had no power to compel the Department to produce the file if it decided not to do so, but held that the other evidence was sufficient, and granted a decree nisi with costs against the respondent. DESERTION. Mr. P. W. Jackson also appeared in support of the petition of Ada Phimester against Hugh Richard Phimester; a petition on the ground of desertion. Petitioner in evidence alleged drunkenness and cruelty against her husband, whom she had to leave in 1911, Since then she had had to maintain herself and her child with no assistance ;from her husband, who was always in trouble. A. decree nisi was' granted. MISCONDUCT PROVED. Ivy Pamela Cooper proceeded against her husband, Frederick Stephen Cooper, alleging adultery. She was represented by Mr. P. W. Jackson, and gave details of the respondent's intimacy with a I Mrs. Bradbury, of Masterton. Having | heard evidence in corroboration, ' his Honour granted a decroe nisi, with costs, against the respondent. A SOLDIER'S RETURN. The following case was that of Brian Leslie Everton v. Euphemia Hastwell Everton, .Leonard Thomas being joined as co-respondent. Mr. Jackson appeared for the petitioner, who said that when he returned from the war in April, 1919, his wife did not meet him. He learned of his wife's misconduct, and she admitted that Thomas was "her boy." Both respondent and co-respondent had admitted misconduct to the petitioner. Other evidence in support of petitioner's statement having been heard, his Honour granted the usual decree, with costs against the co-respondent. desertion' again. Mr. P. W. Jackson appeared in support of the petition of Jesse Dind v. Melbourne Hall Dind, on the ground of desertion. Married in Queensland, the parties came to New Zealand about eleven years ago, since when he had failed to properly maintain her. Subsequently he went away, presumably to Sydney, and she had not seen him since, although she knew he was now working in the Defence Department in" Wellington. Petitioner's mother also gave' evidence, and a decree nisi was granted. !A FAITHLESS HUSBAND. In the case 'of Elizabeth Constance Kezlsr v. Philip Georgie KpziSr, Mr. Jackson also appeared for the petitioner. The parties were married in England iv 1906,,aiid he came to New Zealand first, she following nine years ago. She had' to get a separation from him in. 1913, owing to cruelty. Later on she learned that respondlent was the father of a. child,; the mother being- in Kaiapoi. A decree nisi was granted. : A DESERTED WIFE. Maud May. Sterling, alleged desertion against her husband, Chajlesi Edward Sterling, Reepresented by Mr. Jackson, she said they were married in 1899. Respondent, a wool cla-sser, had left her in 1904; with another woman. A decree nisi was granted, with the custody of two children to the petitioner. ANOTHER SOLDIER'S PETITION. A decree was also granted in the case of William Tind'le V. Margaret Ellen Tindle, on the ground of adultery with one William Bayes. Mr. Jackson appeared for the petitioner, who gave evidence of his wife's infidelity while he was away at the war. A RESERVED DECISION GIVEN. The following eases were taken by his Honour Mr. Justice; Edwards :^— In. the case of Lillian Eliza Fox v. William James Fox .for dissolution of marriage on the grounds of habitual drunkenness and cruelty, his Honour granted a decree nisi, to be made absolute in three months. • The case was heard earlier in the week, and his Honour reserved his decision until he could consult his colleagues. Mr. P. W. Jackson appeared for the petitioner. 'i DESERTION. Mary Matilda Nees, for whom Mr. H. F. O'Leary appeared, sought a dissolution :of her marriage with Gustav Charles Nees, on the ground of desertion,' Ti\e parties were married on 28th July, 1910, at Reefton. The respondent left the petitioner about five weeks before a, child was born, and went to Dunedin.; Petitioner had- not been maintained, but the respondent paid some maintenance for the children. His Honour panted a decree nisi, to be made absolute in three months. QRLOWSKY v. ORLOWSKY. Mt H. F. O'Leary appeared for Ivy Orlorsky, who sought a dissolution of her jnarriage with Francis Michael Orlowsti, on the grounds of misconduct. Th? respondent was co-respondent in a case heard last session, when the petitioner obtained a decree nisi. His Honour 'ranted a decree nisi in this case. * CRUELTY CAUSES SEPARATION. Alice Mabel Kitto, for whom Mr. H. F. O'Leary appeared, sought-a dissolution j>f her marriage with. Samuel Arthur Harter Kitto, on the ground of desertioil. Tile parties. were jnawaed- og, iM

March, 1906, separated about seven years ago, on account of the respondent's cruelty to the petitioner. Corroborative evidence was given by the mother of the petitioner, and his Honour granted a decree nisi. DRUNKENNESS AND CRUELTY. Patience Amy Ruddle, represented- by Mr. H. P. O'Leary, petitioned for a dissolution of her marriage with James Ruddle, on the grounds of habitual drunkenness and cruelty. The parties were married on 17th August, 1896, and there were four children, of the marriago, Prohibition orders were issued against the respondent on four occasions. He was arrested on more than one occasion for assaulting the petitioner, and was convicted- .on all occasions, once being sent to prison without the option of a fine. Detective-Sergeant Scott gave corroborative evidence, and his Honour granted a tltcrea nisi. MISCONDUCT.' Mr. H. P. O'Leary appeared for Annie | Benedict Hood, who petitioned for a dissolution of her marriage with David Hood, on the ground of misconduct. The parties were married on 7th July, 1908, and there were two children of the marriage. The parties had not lived together for two years, because at the time of separation the respondent was familiar with another woman. The respondent refused to return to the petitioner, because he preferred the other woman, with whom ho had lived at Hawera and j Shannon. He made this admission in ! the presence of another person. His | Honour granted a decree nisi. i AFTER MANY -YEARS. j Mary Hannah E. M. Baker sought a j 1 dissolution of her marriage with William Baker, on the ground of desertion. Th* parties were.married on 2nd July, 1894, and lived at Wanganui, Stratford, wid Feilding. The respondent left the petitioner im March, 1901, and had not returned to her since. A sister of the petitioner gave corroborative evidence,' and his1 Honour granted a decree nisi. Mr. A. R. Atkinson appeared for petitioner.