SUPREME COURT.

Taranaki Daily News, 29 May 1922, Page 6

SUPREME COURT.

SITTING AT NEW PLYMOUTH. UNDEFENDED DIVORCE CASE. In the Supreme Court, New Plymouth, before Mr. Justice Reed, the petition was heard of Elizabeth Ireland, of New Plymouth, for the dissolution of her marriage with Arthur Ireland, laborer, formerly of New Plymouth, and now of Te Awamutu. M. A. A. Bennett appeared for petitioner, and the case was undefended. The petitioner, in evidence, stated she was married on December 28, 1918, at the office of the Registrar of Marriages at New Plymouth. After the marriage she lived at New Plymouth with her husband, and then went to Inglewood, where she and her husband lived for a week. He then left her. She went to New Plymouth to look for him, but had not seen him since, neither had he paid anything towards her maintenance. Witness was 32 years of age when she was married, and her husband was 42. His Honor: Was there any row? Witness: No. Continuing her evidence, witness said she had resided in New Plymouth ever since her husband had deserted her, and she had been maintained by h6r father. There were no children of the marriage. Francis Hodson, retired farmer, of New’ Plymouth, father of petitioner, gave evidence that a week after his daughter left he met her in New Plymouth one night, and she said she was looking for Ireland. Witness took her home, and the next day (a Sunday) searched for respondent at the breakwater. He found him at a place at which he used to stay, and when witness arrived Ireland was engaged in peeling potatoes. He asked Ireland what sort of a man he thought he was, and the respondent replied that he wa-s going to take Mrs. Ireland to live on a farm. However, he did not turn up the next day, and witness had not seen him since. He was traced by the police and located at Te Awamutu. His Honor granted a decree nisi, to be made absolute in three months, costs on the lowest scale against respondent.

CLAIM FOR MAINTENANCE. An application was made by Mary G. Davidson (Mr. Fitzherbert) for provision under the Family Protection Act out of the estate of her father, the late John Hart, deceased. Mr. F. E. Wilson appeared for G. J. and G. Hart (executors of the will), and Mr. C. H. Croker as guardian ad litem, represented Monica Hart. His Honor suggested it was the kind of case which might be settled between the parties. Mr. Fitzherbert said the parties had come to an agreement for the payment of thirty shillings per week, and the two brothers had agreed to contribute ten shillings a week each, but Mr. Croker, as guardian ad litem, did not feel disposed to consent to the payment of a similar sum out of Miss Hart’s interest in the estate, without the order of the Court. His Hqjior said he was satisfied plaintiff was to something, from what he had seen of the papers filed. Mr. Croker said Miss Hart was quite willing to help her sister, but as she was not in employment he did not think she should be called on to pay the same proportion as her brothers, who were in receipt of salaries from their businesses. The suggestion was made by Mr. Fitzherbert that as Miss Hart would shortly attain her majority, an interim order could be made, and this could be reviewed later if necessary. His Honor adopted this course, a temporary order for* the payment of ten shillings per week as from May 22 being made, costs between solicitor and client to be met out of the estate. Mr. Fitzherbert intimated to His Honor that the proceedings were quite friendly between the parties, but the decision of the Court was desired. His Honor replied that he could see from the affidavits that there was nothing antagonistic in the attitude of the parties.