DIVORCE FOR HUSBAND

Sun (Auckland), Volume IV, Issue 957, 28 April 1930, Page 1

DIVORCE FOR HUSBAND

WIFE’S DEFENCE FAILS TALE OF WOMAN FRIEND Setting aside the defence of Amy Elizabeth Lindsay that it was her husband’s behaviour that had been the original cause of the quarrels which upset their home, Mr. Justice Herdman in the Supreme Court this morning granted David Wright Lindsay a decree nisi, to be moved absolute in three months. Petitioner was represented by Mr. Alan Moody and respondent by Mr. G. P. Finlay. A deed of separation had been drawn up on October 2, 1926, and, three years having elapsed as required by law, petitioner moved for divorce. Under the agreement the husband paid £3 5s a week maintenance, had custody of their son, while the daughter was with the wife. Married in 1908, they had lived happily in Pukekohe until about seven years ago, said David Wrigh Lindsay. He had then become friendly with a young woman who lived in the same town and they used to go about together a good deal. There was nothing wrong in their friendship. The woman often went about the town in his car. His . wife complained of his conduct and had once spoken to the woman’s mother asking her to put an end to their associations but she had naturally refused. His wife had a very narrow view of friendship and objected to him speaking to any woman.

Petitioner, a carpenter, had built a house for the woman and her mother in Pukekohe and had spent a good deal of his time there after they moved in, finishing the interior. He had never treated his wife roughly and had never struck her, but she had been bumped once when she tried to strike him with a poker. A solicitor, William Phelps Hopkins, who had previously dond legal work for Mrs. Lindsay, said he had been approached by her with a view to securing maintenance. This was in September, 1926, her husband having left home in the previous month. He had drawn up a deed of separation. Mrs. Lindsay had never suggested to him that she had been treated cruelly LESSONS ON BANJO

“When I came back after a visit to Australia 1 found that my husband had bought a banjo and was taking lessons from this woman,” said Ada Elizabeth Lindsay. “He was also taking her out in his car.” She protested regularly and once interviewed the woman and her mother in an attempt to break off the association. On August 14, 1926, her husband left home after a quarrel, as he had often threatened to do. There would have been no trouble apart from her husband's friendship with the woman, with whom she suspected misconduct. Violet Hart, a neighbour of Lindsay’s woman friend, told of his frequent visits. His car was often parked outside the house aud the two were together frequently. Strained relations in the home were described by Horace Charlesworth. a brother of Mrs. Lindsay. He had seen petitioner and another woman in a car driving toward Glenbrook, a beach on the Manukau Harbour, about J 7 miles from Pukekohe.

“There would need to be very strong evidence of misconduct before I could allow that to prevent my granting a decree nisi,” said his Honour. “The onus of proving this lies with thcdefence and has failed. There is uc evidence in this direction whatever.”