David Duncan (abt. 1875)

Born about 1875 in New Zealand [uncertain]

Husband of Louisa Emily (Eden) Poad — married 25 Mar 1896 (to 28 Nov 1907) in Motueka, New Zealand

Descendants

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Biography

David Duncan married Emily Louisa Eden in 1896 ^[1] They divorced in 1907

David Duncan petitioned for restitution of conjugal rights with Emily Louisa Duncan. Mr Toogood appeared on behalf of the petitioner, who stated that they were married at Motueka on March 25th, 1896. They afterwards lived at Wakapuaka and Manakau. His wife had subsequently left him and refused his repeated overtures to return. An order was made for the return of respondent within one month. ^[2]

COURTS AND OFFENCES. Divorce. (Per United Press Association). WELLINGTON, November 28. Decrees nisi were granted in the divorce cases — Lavinia Dyson Smith v. Sydney Smith, on the ground of desertion; and David Duncan v. Emily Louisa Duncan, on the ground of failure to comply with an order for the restitution of conjugal rights. ^[3]

COURTS AND OFFENCES. Divorce. (Per United Press Association). WELLINGTON, November 28. Decrees nisi were granted in the divorce cases — Lavinia Dyson Smith v. Sydney Smith, on the ground of desertion; and David Duncan v. Emily Louisa Duncan, on the ground of failure to comply with an order for the restitution of conjugal rights. ^[4]

DIVORCE COURT. JUDGE'S EXPLANATION A change from the old to the new order of things in divorce matters was noticeable in the partially-heard case David Duncan, Wellington, labourer, v. Emily Louisa Duncan, mentioned before Mr Justice Cooper yesterday. On 28th November, 1907, Mr Justice Button granted a decree nisi dissolving the marriage on the ground of a failure to comply with an order for the restitution of conjugal rights. Mr Toogood, for the petitioner, applied to have the decree made absolute, and asked for the custody of an infant child of the marriage. The application regarding the child was opposed by Mr O'Leary, on behalf of the respondent, who asked for custody and maintenance. His Honor granted the order making the decree nisi absolute; gave Mrs Duncan custody of the child in question and an adopted child, and ordered the petitioner to pay 15s a week for their maintenance. The question regarding costs was reserved. His Honor said the suit was not founded on any matrimonial delinquency ; there was no suggestion against Mrs Duncan's moral character. Where a mother, as in this class of case, was of good character and able to look after the child, it was far better that she should have the custody. He wished that to be understood, because it was not to be suggested that the order was any reflection upon the conduct of the petitioner. Since the law had been altered, a divorce could not be obtained upon the grounds of this suit now. It was brought before the law was amended.—Post. ^[5]

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Sources

1. ↑ http://bdmhistoricalrecords.dia.govt.nz/
   • NZ Marriage registration 1896/4393
2. ↑ New Zealand Times, Volume XXIX, Issue 6294, 22 August 1907
3. ↑ Wanganui Herald, Volume XXXXI, Issue 12332, 28 November 1907
4. ↑ Wanganui Herald, Volume XXXXI, Issue 12332, 28 November 1907
5. ↑ Wairarapa Daily Times, Volume LIX, Issue 9924, 22 July 1908

Acknowledgments

Thank you to Jeff Thomas for creating Duncan-3753 on 28 Dec 13.