UNUSUAL SITUATION

Taranaki Daily News, 22 February 1919, Page 2

UNUSUAL SITUATION

DURING DIVORCE PROCEEDINGS. Palmerston North, Feb. 19. An unusual situation developed in the Fiipivme Court to-day. At the conclusion of an undefended divorce suit (Fredriea Wilhelmia Bismarck, peti-; tiouer, v. Frederich William Bismarck), ' when all the evidence had been taken, Mr Justice Chapman commented that on the- face of the marriage certificate the parties appeared to be unnaturalised ,' Hermans. The parties were married in . Wilding in IS9I. He did not think that either of them could get relief from iaNew Zealand Court during the war, i.e.., till peace was signed. His Honor went on to say that he had granted one w<h man relief through the Divorce Court: She was of alien enemy nationality, but she was born in New Zealand, and so in tliut way she was entitled to the !\iu«'s protection. Mr J. Ongley, who appeared for -the ...-iitioner, Mrs Bismarck, remarked that there was a case on record in England >\ lii-rc a prisoner of war had obtained :-:-iief through the Divorce Court. » In ; wl.rowledgii):' this. His Honor pointed I out. however, that he did not know ofVl hand whether the prisoner of war in \ -nicstion was under the King's protec- '. inn or not. Mr Ongley explained that his client bud been in New Zealand since she was I'niir years old, and she did not know -hi-ilier her father had taken out na--I'iralisß.tion papers. She had an idea that lie had done this, but that the papers were lost. Mrs Bismarck had always voted at county and general elections. His Honor remarked that this could not. be considered u ch-termining factor. as from his knowledge sometimes electoral rolls were not carefully scrutinised. At this stage the Court adjourned, and on it resuming counsel, who had during the interval looked up records, put in a copy of the Gazette notice showing that on August 18, 1890, .respondent was naturalised. The fact of her husband's naturalisation being established got over the difficulty of nationality so far aB petitioner was concerned, and obviated the necessity,-of His Honor ,?orng further into the ques-, lion he had raised. Before the adjournment a decre nisi was accordingly granted the petitioner.