SUPREME COURT

Hokitika Guardian, 22 November 1923, Page 3

SUPREME COURT

A XOAEL APPLICATION. [by TELEfIJIAI’H J'F.lt I’ll ESS ASSOCIATION.] BLEIHEI.AI, Nov. 22. A novel motion was made before Mr .Justice Heed at the Supreme Court in preliminary divorce proceedings l.'et ween Albert liu-sctt. lilenheini, and f.ilia.n liassett. believed to be resident in England. in the shape of an application for leave to make substituted service on Mrs Bassett of ii formal demand for the restitution of conjugal rights.

Mr A. E. L. Scautlebury, for aopli(,*111, said the ease was the first ol its kind in New Zealand. He fptoted a nurnher of English authonTcs establishing a precedent. Bassett was married to an English girl when on active service at Home, hut owing to the state of her health she was unable to aeeompa.ny him to New Zealand when lie was ordered hack. The defence people were very considerate and idlowed him to remain in Kurland some months longer than would otherwise have been the ease, hut they ultimately insisted on his returnin''. The wife then promised that she would follow. Tie arranged her fare through the High Comissioner. but she bad never done so. A large number of letters had pursed between the parties. Applicant, had not heard from her since October last year, and a preliminary demand for restitution of conjugal rights was sent by registered letter to her last address, but this had heon returned through the dead loiter office. The ohjeel ol the application was to enable the demand to he served upon her, either bv advertisement, or in eoniunetion with a notice served on her relatives.

His Honour said that as the matter had not previously been decided in New Zealand, lie would give it careful consideration and would deliver his decision in writing. He asked counsel to file affidavits, giving further purlieu lars l>,v applicant; also corrohorative affidavits. Ilis Honour indicated that if it could he shown that the applicant, in. letters to hi- Mile, had made the request and her letters showed that she had received the request, he might hold that sufficient demand had been made, thus enabling the applicant to take lurther legal steps at once.