DIVORCE TANGLE

Hawke's Bay Herald-Tribune, Volume 81, Issue 27, 26 October 1937, Page 10

DIVORCE TANGLE

-Press Association.i

Decree That Hoids Good Only in New Zealand JUDGE'S EXPLANATI0N

(By Telegraph-

AUCKLAND, Oct. 23. "It may be tkat even after tkis divorce you will remain .tke wife of tkis gentleman in every part 'of tke world escept in New Zealand; I am sure your counsel has explained tkat," said Mr. Justice Callan in tke Supreme Court yesterday, during tke kearing of an undefended action for. divorce brougbt by Okristina Balfour Murray . (Mr. Maekay) against.Antonio Murray, Tke reason for tke Judge's comment was tkat tke kusband was xeporteC te be living in Australia, and presumably that is kis legal "domicile. Under existing legislation, if tke kusband is noi domiciled in New Zealand and th'e wife is, the divorce decree kolds good only in tkis country. Petitioner said tkat ske was married in 1924, and liyed witk her kusband in Auckland, There was one child. In 1934 ske took proceedings against kei kusband for separation and maintenance, but reeeived only £2 before ker kusband went to Australia. * A decree nisi was granted, to ba moved absolute after tkree months, witk costs on fke lower scale against respondent. On tke ground of failure to comply witk an order for restitution of conjugal rights Eunice Wkite (Mr. Mackay) sOught dissolution of ker marriage witk Roy WMte. Tke marriage took place in February, 1934. Petitioner gave evidence tkat tke order for return kad not been complied Witk and tkat ker kusband kad gone to Australia. "You keard. wkat I said in tke last ease?" asked kis Honour. ' ' Exactly .tke same remarks apply in your case." He granted a decree nisi to be made absolute after fke expiry of tkree months.