ABSENT WIVES.

Taranaki Daily News, 28 May 1921, Page 6

ABSENT WIVES.

ARE THEY DESERTERS? JUSTICE HOSKING EXPLAINS. a The question as to when a wife’s absence from her husband may be actually construed to be desertion was discussed by His Honor Mr. Justice Hosking in the Divorce Court at Wellington on Wednesday. The case before the court was a petition by Frederick Walker for a divorce from Elea on the ground of desertion. Air. P. W. Jackson appeared for petitioner.

Petitioner gave evidence that they were married in 1912, and there were two children. In 1916, while they were living at Christchurch, respondent went to her parents at Gisborne for a month, but did not return. They agreed to a separation in 1018, but she did not appear to sign it. Later she came to meet him, and said she had been foolish, and wanted to come back to him. He agreed to take her back, but she did not return. His Honor: Why there is such urgency, and why they don’t wait for the three years to be up, I don’t know. Evidence was given by two acquaintances of the petitioner, to the effect that he had not lived with his wife during the period mentioned in the petition. His Honor drew attention to the date of alleged desertion commencing from when respondent went to her mother’s home. She was confined there, and gave birth to a child. It was incredible that she should be regarded as a deserter in such circumstances. Counsel secured leave to amend the petition, but substituting a date, six weeks later. His Honor: There is very little value in this corroborative evidence. I have had this type of evidence before me sevearl times to-day. If a wife is not living with her husband, it is not proved that she has deserted him. But, if a husband leaves his wife, there may be evidence that she is supporting herself. But it is not sufficient, by simply calling a friend of the husband to say he is not living with his wife, to prove desertion by her. Air. Jackson: But the Chief Justice has always insisted His Honor: On corroborative evidence, but that is not corroborative. Counsel: It is very difficult to get it, sometimes, His Honor: It is very difficult to get a divorce. Because it is difficult to get evidence, it is no reason for the court'to act on what it considers unsatisfactory. After further argument, the court amended the petition, as regards the date when desertion was alleged to have commenced.

His Honor said that the petitioner had given his evidence in a satisfactory manner, and, coupled with the wife’s reply to the petition, he would grant a decree nisi, returnable in three months.