Law Releases Wife From Cruel Husband

Sun (Auckland), Volume II, Issue 605, 6 March 1929, Page 1

Law Releases Wife From Cruel Husband

HABITUAL DRUNKARD NOW IN GAOL FOR ASSAULT Holding that evidence supporting the petition by Honour Clarke Mackenzie (Mr. Singer) for divorce from Lawrence Mackenzie (Mr. Dickson) definitely proved habitual drunkenness and cruelty on the part of respondent, Mr. Justice Kennedy granted a decree nisi by oral judgment in the Supreme Court this morning. Hearing of the suit occupied the court all day on Monday, when considerable evidence was called by both sides.

Giving his decision, his Honour said it first of all had to be proved that respondent was an habitual drunkard, and secondly that he was guiltj r of cruelty in the legal sense. Defining habitual drunkenness, the judge said a person might be regarded as habitually drunk even if he had periods of absolute court was satisfied Mackenzie had been drinking to excess over long periods. “Legal cruelty,” said his Honour, “implies danger to life, limb, or health, or a reasonable apprehension of that, and I am satisfied respondent has been guilty of cruelty.” The husband had denied that he had been the assailant in an incident on December 29, 1927, when Mrs. Mackenzie was brutall assaulted in her sleep, although he was now serving sentence of three years’ imprisonment in connection with the assault. His Honour remarked that he could not possibly give credence to such a denial. Petitioner, owing to her husband’s threats, had lived in terror of liim.

In granting the decree, his Honour gave Mrs. Mackenzie custody of the five children, and awarded costs in her favour in accordance with the scale on a defended action.