NOT NOW MARRIED

Waikato Times, Volume 128, Issue 21370, 14 March 1941, Page 7

NOT NOW MARRIED

SEPARATION FROM WIFE DODGING SERVICE TO COUNTRY CUSTODY OF CHILD REFUSED (By Telegraph.—press Association) CHRISTCHURCH, Thursday “You cannot expect me to have much sympathy for a man who is dodging service to his country in these critical times,” said Mr Justice Northcroft in the Supreme Court when Richard Nelson Eden sought a decree absolute for dissolution of his marriage to Muriel Thelma Eden and custody of the child of the marriage. Mr C. V. Quigley appeared for the petitioner and Mr R. A. Young represented the respondent, who asked for maintenance and the custody of the child. Mr Quigley said the divorce action was founded on adultery. Since four years ago the wife had held a Magistrate’s Court order for the custody of the child. As the wife was the guilty party counsel contended that the petitioner was entitled to custody. His Honour: Why did the petitioner not volunteer for active service?—He is waiting for his turn in the ballots . Why did he not enlist voluntarily before the ballot?—He considered that he was still a married man. When he was called in a Territorial ballot he appealed and used the child to escape service?—He was paying maintenance for the child. “He is not a married man,” continued His Honour. “He is living apart from his wife and he is not maintaining her. The question I have to decide is whether he intends to continue using the child to avoid military service.” His Honour directed that the custody of the child be given to Mrs Eden, notwithstanding that she had been the respondent in the divorce suit. He also made a maintenance order in favour of the child against Eden for 15s weekly and declined to allow Eden access to the child, stating that he did not consider the petitioner a fit and proper person to be allowed access.