DIVORCE DENIED.

Taranaki Daily News, 3 December 1921, Page 6

DIVORCE DENIED.

AN UNUSUAL CASE. Wellington, Nov. 30. Judgment was given by the ActingCliief Justice Sim in the Supreme Court as to a petition for dissolution of mar riage filed by Marshall John Donnelly and Hughena Jessie Donnelly. His honor refused the petition. In his judgment he referred to the fact that in August, 1918, the respondent obtained a decree for judicial separation against the petitioner. It- was on the existence of this decree that, the petitioner based his claim in the present suit. Prima facie, the petitioner was entitled to have his marriage dissolved The only question was whether the Court should refuse to grant him any relief. The ground on which the decree for a judicial separation was granted* was that the petitioner had committed adultery with a woman. Miss X. Petitioner required constant care and attention. r These, he said, Miss X bestowed on him. So devoteiF was she as a nurse that the petitioner desired to give her the status of his wife. He denied, however, that he was living in adultery with her- The nature of the disease from which he was suffering made that Statement credible. Respondent still retained an affection for the petitioner. She said she was willing to take him back and. look after him if he would give up Miss X. Petitioner declined, however, to go back to his wife. It was contended on behalf of tho respondent that the case was thus brought within the very words of the Court of Apneal in Mason v. Mason. “Tho case is thus resolved.” said his Honor, “into a contest between the respondent and Miss X, as to which of them is to have the privilege of being the petitioner’s nur.-e. and of becoming his widow. The Court, in my opinion, should not help a sinner to gain any advantage at the expense of a blameless wife. It should refuse to dissolve an existing marriage. The petition is accordingly dismissed with costs to re-I fipondent,”