Deserted Wives

Sun (Auckland), Volume IV, Issue 1062, 28 August 1930, Page 9

Deserted Wives

GIRLS WHO MARRIED AMERICAN SAILORS Divorce Law Difficulties

THE BUS'S Parliamentary Reporter PARLIAMENT BLDGS., Today. In America the saying “Love ’em and leave ’em” had its origin, and evidently many of the men who came to New Zealand with the American Fleet some time ago acted upon this national saying, for they left the girls who had married them, and because of the present state of the New Zealand law New Zealand girls are unable to obtain divorces, because they have assumed American nationality with their marriage.

mature consideration of the Bill hel'ore it. was passed. He would like to hear the Government’s opinion on it. STRANGE ANOMALIES The Minister of .Justice, the Hon. J. G. Oobbe, said he had been advised that under the present: law a. woman divorced in New Zealand would have the dissolution of the marriage recognised in the Dominion; but if her husband were living in England he would be regarded there as a married man. if he married in England relying on his wife’s divorce

in New Zealand he would be guilty of bigamy, and if the woman, after being divorced in New Zealand went to England and married there she would also be guilty of bigamy. Mr. W. D. Lysnar (Reform —Gisborne) criticised the provisions regarding mental hospital confinement, and claimed that people might place others in a mental hospital for the purpose of divorce. He instanced the case of a woman who had been put into a mental hospital by her husband. Mr. Lysnar had interceded for her less than two years ago, and she was walking the streets of Wellington with nothing the matter with her.

In the House today, Mr. H. G. R. Mason (Labour —Auckland Suburbs) sought to have this state of affairs remedied by means of liis Divorce and Matrimonial Causes Amendment Bill, which was read a second time. One of the most important clauses in the Bill, said Mr. Mason, related to file question of domicile, and an example of the difficulties of the present law was afforded in the case of New Zealand girls who had married sailors who had come to New

In the opinion of Mr. R. A. Wright (Reform —Wellington Suburbs), the House was tinkering with a very serious question, it was serious that girls who had "married American sailors should be left in New Zealand without legal protection. The statement read out by MP. Cobbe was appalling. Mr. Mason: It is quite right. Mr. Wright claimed that the Government should take a strong stand. It was gradually becoming easier to get a divorce, and now it was proposed to go a step farther. There was one way for the girls to get a divorce, and that was to go to Ameriea.

Zealand with the American Fleet. Many of these men had sailed away, and the girls had never heard of them again. The fleet visited New I Zealand in 1925. New Zealand law | recognised the domicile as giving j jurisdiction, and it was expedient that the provisions of the law in this respect should apply both to the husband and the wife. Under the present law, girls who had married American ! sailors were recognised as having an ; American domicile, although they had never been out of New Zealand. They had no standing in a New Zealand court, because husband and wife were one at common law. and that one person was the husband. Legally, the domicile of these young women was the United States. Mr. Mason was of the opinion that the law required some modification in respect of jurisdiction, to give recognition of the independent existence of a woman. It was felt, however, that some degree of caution was necessary in giving extended jurisdiction, ancl therefore the clause required residence in New Zealand of three years for a woman and two years for a man before the court could grant jurisdiction. j Another clause in the Bill sought to reduce from seven years to four years | the period of confinement in a mental hospital of one party before ! divorce proceedings could be insti- ; tuted. 1 The Hon. W. Downie Stewart. (Re- ! form —Dunedin West) appealed for

Mr. Wright said he would oppose the Bill in its present form. The Acting-Attorney-General, Sir Apirana Ngata, suggested that the Bill should he read a second time aud referred to the law draftsman. Two of the clauses were open to objection, and two others certainly required further explanation. Mr. Mason said he did not want to hurry the Bill.

Replying to Mr. Wright. Mr. Mason said the girls who had married American sailors were likely to live all their lives in New Zealand, and what was the use of worrying them all klieir lives because of the very remote chance of what might happen if they went to the other ends of the earth. YVhat Government would prosecute the women for bigamy in such circumstances? That clause in the Bill did not enunciate a new principle. It was simply to add to the Act of 192 S a further sub-section to one clause.

The Bill was set down for commit tal next sitting day.