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2 corrections, most recently by doug.butler - Show corrections


SUPREME COURT.— MATRIMONIAL J URIS DICTION. Wednesday, Novembeb24. [Before His Honor Sir R. D. Hanson (Chief Justice). | Forster v Forster and Stark

The Attorney-General (Hon. S. J. Way, Q.C.) and Mr. J. W. Downer for the petitioner. This was a petition on the part of the husband for a dissolution of marriage on the ground of adultery bv the wife.

It appeared that the parties, Anthony Forster and Eliza Faulding, were married at Wootton Lea on the 1st December, 1869, by the Rev. Henry Read, M.A., and that there had been no issue by the marriage. It was shown that during a considerable portion of the year 1874 the co-respondent used to visit the house of Mrs. Forster as a visitor about twice a week, and that from the eight of the 31st Decem ber, 1874, till the 26th April, the parties lived together as man and wife ; and in that relation ship they had left the colony and travelled about in Victoria and New South Wales. Lately they returned; and after Mrs. Forster had disposed of her property, they again left the colony. The respondent pled no answer, but the co respondent put in three pleas— (1) that the peti tioner was not lawfully married to the respon dent; (2) a denial of the adultery; and (3) that on the 10th January, 1870, the petitioner wil- fully withdrew from cohabitation, and thereby conduced to the misconduct of the respondent. The facts of the petition were supported by the affidavits of the household servants of Mrs. Forster, and the certificate of marriage between the petitioner and the respondent was put in. His Honor said he should report to the Court that the marriage between the petitioner and respondent had been proved, as also the adultery between the respondent and co respondent, The Court adjourned sine die.