DECREE NISI GRANTED

Evening Post, Volume CVIII, Issue 151, 23 December 1929, Page 13

DECREE NISI GRANTED

The petition of Charles "Wilfred Duncan, tobacconist, of Wellington, for a dissolution of his marriage with Eileen Margaret Duncan, was dealt with by Mr. Justice Ostler in a reserved judgment delivered to-day. A decree was sought on the ground that a deed of separation had been in force • between the parties for more than trTrec years. The petitioner had proved his case, said his Honour, and he was enttiled to a decree unless one or other of the respondent's defences was established. He considered that the defence that relations had taken place between the parties during the period of Separation had not been proved. With regard to the other defence, that the separation was brought about by persistent cruelty and failure to maintain, his Honour said he was satisfied that the respondent and her mother had grossly exaggerated. He was satisfied that the separation was not brought about hy the wrongful conduct of the petitioner alone, but was due to faults on both sides. That being so, there was no sufficient reason for refusing to grant a decree.

A decree nisi, to be moved absolute after three months, was granted. Interim custody of the child was given to the respondent, reasonable access to be afforded the petitioner. The petitioner was ordered to pay the respondent's costs of the suit on the higher scale, with witnesses' expenses and disbursements.

Mr. P. W. Jackson appeared for tlio petitioner, and Mr. W. E. Leicester for the respondent.