DIVORCE SUIT FAILS

Sun (Auckland), Volume II, Issue 525, 30 November 1928, Page 13

DIVORCE SUIT FAILS

ENGINEER FROM CEYLON DOMICILE not proved Holding in a judgment delivered this morning that petitioner had not acquired a domicile of choice , n New Zealand, and that the Suortirie Court had therefore no jurisdiction to entertain the suit. Mr. Juatice Fraaer dismissed the divorce petition of Colin Findlay Gordon, civil engineer to the Ceylon railways. petitioner, who sought divorce from Virion Gordon, married her in ltfK!. Because ul trouble with his niuther-in-r iW quarrels resulted and respondent ind he parted, she returning to Sydney vrith her mother. Petitioner said there was an understanding of mutual separi'ion He had only seen his wife twice b — since the marriage. The action was heard on Monday, Vi Hampson and Mr. Fawcett up---,r;njr for petitioner and Air. hvorthtoß for respondent. It jiad been petitioner's practice to vlj.it New Zealand on furlough because bis health. He acquired a property II Rotorua, intending to settle there ‘ rfl t year, on completion of his work, ii'tdon had spent altogether since 1919 akot 32 months in the Dominion on Ittve and sick leave. It is necessary in order to establish j domicile of choice,” said his Honour, ■tbit there shall not only be the intention to reside, but the fact of residence in a new country.” In view of the conclusion to which fts Honour had arrived on the questun of domicile, he felt it hardly necesury to deal with the question as to whether there had been evidence of mutual separation. This last point had been raised by Mr. Xorthcroft in View of the fact that the wife had written to petitioner in February, 1927, proposing a reconciliation. Respondent was allowed costs on the gher scale.