DIVORCE AND DOMICILE.

Manawatu Herald, Volume XXXVI, Issue 1257, 11 June 1914, Page 3

DIVORCE AND DOMICILE.

IMPORTANT POINT. Auckland. June 10. An important point in divorce law was decided by Mr Justice Cooper in the case Fanny Holden, of Auckland, against William Holden, on the ground of desertion. Petitioner was a New Zealander and respondent an Englishman. They were married at Turakina in 1886, and lived at Wanganui for three years, Wellington for one year, Sydney for one year, and Melbourne for one year, and subsequently they proceeded to England. In 1907 respondent announced that he was returning to New Zealand. He left his wife very ill in London, and the banking account on which he left her to draw proved worthless. He came to New Zealand, and stayed for a few weeks in Auckland. Finally he went to Bombay, where he was served with the citation. The wife had to invoke assistance to return to her native land.

Mr Justice Cooper said the facts established a cruel case ot desertion and callous disregard of respondent’s duty to bis wife and children, but the respondent’s domicile of origin was England. He had acquired a domicile of choice in New Zealand, but his domicile of origin was not destroyed by the domicile of choice. By returning to England after living here for four or five years his domicile of choice was abandoned, and his domicile of origin revived. His Honour regretted that he had to come to that conclusion. Petitioner could not obtain relief here; the Court could not grant a dissolution of the marriage.