DECREE GRANTED
DEFENCE WITHDRAWN
The defended divorce case in which Robert Johnston, chemist, of "Wellington, sought a dissolution of his marriage with Jane Anne Johnston, on the ground of constructive desertion, terminated suddenly in the Supreme Court to-day. Counsel for the respondent withdrew the defence, and a decree nisi was granted to the petitioner.
When the petitioner had finished giving evidence, Mr. P. Jackson, counsel for Mrs. Johnston, stated that he did not intend to cross-examine. He took that course because since yesterday he had conferred with his client, and she had decided not to proceed further with the defence, so to avoid the necessity of putting certain members of her family in the witness box. He asked leave to withdraw the defence.
Mr. 0.. C. Mazengarb, counsel for the petitioner, said that Mr. Johnston "undertook, if a decree were granted, to see that Mrs. Johnston was maintained reasonably. "THE CORRECT COURSE."
The Chief Justice (tho Hon. M. Myers) stated that he considered the course adopted by the respondent was the correct one. There were about the case certain unusual circumstances which he did/not think it necessary to refer to, but he was satisfied from the evidence that a ease of constructive desertion had been made out, and that it would be difficult to answer that "case. He proposed, therefore, to grant a decree nisi: The case was one where the respondent was perhaps not hi the condition to earn her own living, wholly, at all events, perhaps not even partly, and he certainly would not do anything which would have the effect of throwing her upon the State. The petitioner, however, recognised his responsibility. The interim order for the payment of £3 a week would continue in force until <the motion -"or a decree absolute was brought, when, added his Honour, ho would certainly see that a reasonable permanent order was made.
A decree nisi, to be moved absolute after three months, was. granted interim custody of the child being given to the petitioner.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19291211.2.95
Bibliographic details
Evening Post, Volume CVIII, Issue 141, 11 December 1929, Page 14
Word Count
335DECREE GRANTED Evening Post, Volume CVIII, Issue 141, 11 December 1929, Page 14
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