DIVORCE CASE.

Hokitika Guardian, 26 February 1924, Page 4

DIVORCE CASE.

PECTMAR ('I KCU.MSTAXCFS. DrxFinrx. Feb. 2;t. A divorce application, probably unique in New Zealand, was the case of Percy Collins Wilkinson v. Helene Irene Suzanne Wilkinson, an applies, tion for divorce on the ground of desertion, which was heard this morning. Air C. F. L. AVhito, counsel for the petitioner, slated that lie was the victim of tbe idiosyncrasies of international law. Retit inner left New Zealand in April, Dio, as a member of the Aiediral Corps. In 1017 in Northern France he met a young Freneh girl. Helene Irene f-'uzanne Uareux, who was living with her parents in Amiens. In September of the same year they were married in aeordanee with the French law before the Afavor. They cohabited fhere, in England and in Dunedin, where they arrived in 1010. The wife -"on became home sick and - iu 1020, receiving money from her j father, she returned 1o her parents. ;

After her departure the petitioner sent' letters and cables and £7O, receiving j finally a cable advising that his wife would not return and that he should: seek a divorce. In 1021. tlie respond- j cut instituted divorce proceedings j against the petitioner at Amiens on | the ground that he had left her “in complete abandonment.” Petitioner (•nuntor-petitioned on the ground of desertion. Airs AA'ilkinson's petition was dismissed and AA’ilkinson’s was granted. AA’ilkinson then considered himself legally divorced, but on taking legal advice here counsel advised him that the divorce would be recognised

in ;i French court, hut according to the New Zealand law ho was still legally married, heause the petitioner always was domiciled in New Zealand and the domicile of the wife being that of the husband, the French courts had j no jurisdiction. Counsel therefore ad-i vised petitioner to wait three years to institute the present proceedings. Service on the respondent was effected in September. 10f’3. When the papers were returned the British Consul informed tile speaker that the lady was now married to an Italian. Concluding counsel stated that if the Court found there was no existing marriage capable of dissolution he would ask tho Court to make an order to that effect, re- j leasing petitioner from his embarrassing position.

After hearing counsel and evidence Mr Justice Sim held thrit in accordance with ;t Privy Council decision the French Court- had no jurisdiction. A decree nisi was granted.