DIVORCE COURT.

Kumara Times, Issue 2674, 17 April 1885, Page 3

DIVORCE COURT.

MULVEY V. MULVEY. This was a petition by the husband, for a divorce from bis wife, Elizabeth Mulvey, on the ground of the adultery of respondent with one M'Laren, deceased. Mr Jones appeared for the petitioner ; the respondent did not appear. Peter Mulvey sworn, said—l am a miner living at Reefton; I am the husband of Elizabeth Mulvey; I was married in February, 1862, atTokomiuriro, in Otago, by the Rev. Mr Todd. The witnesses were Alexander Adams and James Sutherland. After marriage we lived at Mnnuherikia; from there I came to the West Coast and took a farm at the Ahaura; I lived with my wife; I had five children by her. I went to Hokitika, and from there removed to Nelson, where I was for four years. I received a letter at Nelson, from a friend, that my wife had had a child; I knew it was impossible to be my child. When I left Ahaura I had a farm and a store; my estate was worth £BOO or £9OO. When I left I gave a power of attorney to my wife. I was given to understand that my wife transferred all my property to M'Laren; when I left Nelson I had no money or property. I came to Reefton, and was occupied in quartz mining; I was not successful. I did not commence proceedings earlier for want of money. I spoke to Mr Guinness, but at that time the proceedings were too costly for me; I then spoke to Mr Jones, but then the money was too much for me to pay. I have not yet paid for these proceedings; I have been giving bills, some of which I could not take up; since 1877 I have never been in a position to realise money. Since I left Nelson I have never spoken to respondent. I have taken these proceedings simply on account of her misconduct, and my desire to get rid of her, not to assist her in getting married to some one else; I have in no way condoned the offence since the adultery. The property I left my wife when I went to Nelson would have been ample to support her and my young family. The depositions of Harriet Rees proved that respondent was living with Alexander M'Laren, while petitioner was away, and that she gave birth to a male child iu July, 1874, which she admitted was M'Laven's. The Court adjourned at one until two p.m. On resuming, His Honor said though the evidence was very meagre, the petitioner was entitled to a decree. He had left his wife sufficient means, and his delay in proceeding was owing to want of funds. Order made for a decree nisi to be made absolute either after three or six months, as the Court would subsequently direct.