[?]Stion 0f Domicile

[?] Federal Act

[?] The

[?]Stion 0f Domicile In NG Divorce Law

I DIVORCE recently made in New South Wales Fletcher, of Sydney, Inst Henry Ockendon Fletcher, New Guinea) has certain jets that may be of interest to ir ex-residents of the Territory [wish to institute divorce pro angs. [ie Divorce and Matrimonial ses Ordinance 1934 of the ntory of New Guinea gives a Iber of grounds for divorce on ;h a person may petition the rt. This person is described as [“who is domiciled in the Terri [ and at the time of the filing he petition has been domiciled esident there for two years at r ie domicile of the wife is, at mon . law, the domicile of the land, but Mrs. Fletcher has ;d that she was informed that Court in New Guinea would re- I a person to be actually lent there before bringing suit [other words, although she had to New Guinea in 1925 and [remained there until the out k of war, it would still have [ necessary for her to take up lence there again for two years re tshe could bring suit for rce. lis interpretation of the law is lited in some legal circles in ley, but, apparently, if it is open oubt, no one in New Guinea has et challenged it. iking divorce action in New lea under the Territory law has the added disadvantage that irds the end of the two years’ )d, the husband may take up lence in Papua or elsewhere, and completely nullify the wife’s ts to establish residential Ifications. bceedings in the Territory can ong drawn-out affairs—even an rfended suit taking a day or so, sad of the 10 minutes required 55 W. [the Fletcher case successful [was finally brought in Sydney sr the Commonwealth Matri ial Causes Act of 1945 where in 111 it is provided that: “Where person domiciled in a State or Itory is resident in some other B or Territory and has resided b for not less than one year ediately prior to the institution foceedings under this Part, that on may institute proceedings in Matrimonial Cause in the 'eme Court of that other State territory, notwithstanding that [person is not, or has not been

of that other State or Territory, domiciled in that other State or Territory.

As Mrs. Fletcher had been resident in Sydney for not less than a year the case proceeded there, under one of the grounds prescribed in the New Guinea Act.

The Federal Act was designed primarily to assist women who had contracted marriages during the war —with men domiciled either in other States or overseas—and who had then lost trace of their husbands or had been deserted by them. The legislation regarding marriages contracted with overseas residents had a limited life and has now expired: but Part 111 of the legislation (quoted in part here) is still in force and thereby permits a woman resident in one State or Territory but legally domiciled in the State or Territory where her husband lives, to institute divorce proceedings in the State or Terri tory in which she is living. t When fire broke out in one of the bungalows attached to Rivnac’s Hotel, Funaauia, Tahiti, early November, the 18-months-old son of Mr. and Mrs. Dillon who manage the establishment, was burned to death. A daughter aged 5 years escaped but her calls for help came too late to save her brother.