DECREE TO RESPONDENT

Sun (Auckland), Volume IV, Issue 982, 27 May 1930, Page 1

DECREE TO RESPONDENT

WAR-TIME MARRIAGE SEQUEL

UNUSUAL DIVORCE CASE

In an unusual divorce case heard by Mr. Justice Smith this morning in the Supreme Court, a respondent was granted a decree nisi from the petitioner, the decree to be moved absolute in three months.

Benjamin Alexander Wallis (Mr. F. W. Schramm) petitioned for divorce from Catherine Ellen Wallis (Mr. Allan Moody), the original ground of the suit, which was begun in 1924, being separation by mutual consent. Mr. Schramm, however, informed his Honour that the petition would be withdrawn.

After the suit was made, according to statements in the file of respondent’s answer, mutual separation was denied by Mrs. Wallis. Mr. Moodysecured a special order allowing an amended answer. Petitioner’s counsel was changed and in respondent’s answer it was asked that the prayer of the petition be amended. The Court consented to hear the respondent’s

“It was a war-time marriage,” said Mr. Moody, who said the marriage took place in England in June, 1919. There was one child. Wallace returned to New Zealand and the respondent came out in 1920, but the couple had not lived as man and wife in the Dominion, Mrs. Wallis said in evidence. Proceedings for maintenance were taken by her in Napier and the order was subsequently transferred to the Court at Peilding and then to Auckland. Petitioner was convicted and sentenced to three months’ imprisonment In 1925 for disobedience of the order. He later applied for a variation, but, the respondent declared, he did not comply even with that.

Copies of the maintenance orders were produced. His Honour found that the evidence showed petitioner had failed to maintain his wife. The petitioner would be deemed to be guilty of desertion and the petition would be dismissed. A decree nisi would be granted, to be made absolute in three months, the respondent to have custody of the child, and cpsts to be against the petitioner. PROLONGED HOLIDAY

When Ruth M. Armstrong left New Zealand in October, 1927, to visit her people in South Africa, she neglected to return to her husband, who had made a home in this country.

In the Supreme Court this morning, Mr. Justice Smith granted the husband, Cyril Fredei-ick Armstrong, a decree nisi, to be made absolute after three months. Mr. 11. P. Towlo represented the petitioner, a motor engineer, who said he was married on July 16, 1925. There were no children. After the marriage the couple lived in England and South Africa, arriving in New Zealand in May, 1926. He decided to settle in the Dominion permanently. With his consent, his wife left for South Africa. Although he wrote several times, he received no answer. He began proceedings for restitution of conjugal rights. A decree was made but his wife did not respond even when the decree was served. Petitioner was now- residing in Auckland with his mother. Douglas Purdy-, a solicitor, corroborated the circumstances detailed in evidence by the petitioner.