APPEAL DISMISSED

Hawke's Bay Herald-Tribune, Volume 81, Issue 49, 20 November 1937, Page 10

APPEAL DISMISSED

, No Variation of Alimony Order In reserved judgment, Mr Justice. Ostler dismissed the appeal of Robert James Managh for the dischaTge of variation or suspension of an "order for permanent alimony in respect of his former wife, Rubina Lillian Mary Managh. TJnchastity was alleged as the ground for the appeal, and Arthui Goodger was cited as co-respondent. On July 8, 1935, the petitioner fdert a petition in divorce on the grounds of adulterv with the eo-respoudent. l\espondeut iiled a cross-petition alleging adultery against the petitioner. Bot.h allegationa were withdrawn at the hearing of the case at Napier on Au£ust

26 of that year and respondent got leave to amend her petition to allego that an agreement for separation had been in force for three years. On these grounds the divorce was granted wxth an order for permanent alimony at £3 10/- per week. The grounds of the petition heard in the Supreme Court at Napier on November 13, were that the respondent, on a number of specifie occasions, had been seen in circumstances from which the only reasonable conclusion could havo been miseonduct with Goodger. Her former husband and a man named Watty testified to having watched the respondent 's movements intermittentlv for some considerable time. His Honour held that unchastity had not been proved, *aod coinmented that the petitioner 's evidence was quite unroliable. The petition was thereforo dismissed with £15 15/- costs and disbureementi,