The Archive · 1923

A Petition for Divorce

Barnes v. Barnes in Supreme Court: The Question

of Domicile In H. M. Supreme Court, on Tuesday, his Honour Judge Sir Skinner Turner began the hearing of the suit of Mrs. I. B. Barnes for the dissolution of her marriage with Mr. J. O. Barnes. Mr. L. K. Kentwell appeared for the petitioner and Mr. Tycho Wing for the respondent.

Mr. Kentwell opened briefly on the question of domicile.

Mr. Barnes then gave evidence that she was married to respondent on March 2, 1907. She arrived in Shanghai in 1890, coming with her mother and sister to join her father, who already was here. Her father died here in 1908. Her two children were now Shanghai. Respondent was away at the war from 1916 to 1919, but that was the only time he had been away. He said he had no intention of going Home, but he could not get other employment here. He was only in France for a few weeks, but then he was wounded' and had to have his leg amputated. Witness went Home in 1914 and when respondent arrived in England she joined him. After the war, they were repatriated together. They only lived together for a few months after returning, but they had both been in Shanghai ever since. The respondent, to her knowledge, had no property and no relations in England. He was not interested in any financial matters there, except his pension. He said in 1919 that he had to go back to Shanghai because the work at Home was too hard and he asked witness to return with him and make a home in Shanghai. The children were educated in England, but had returned to Shanghai. Pespondent came to Shanghai in 1900, when serving in the Army, and he took his discharge here.

The Judge—It is not the lady's connexions with Shanghai, but the respondent's that are the essential point.

Cross-examined by Mr. Wing, witness said that her own intention was to spend the rest of her days in Shanghai, irrespective of the result of this suit. Before the war, her husband was in a fairly good position here; he was the manager of a company and a riding master and they were quite well to do.

Mr. Wing—Was he discharged in Shanghai because he had joined_in Shanghai?

The Judge—Is it not the case that if he wanted to be discharged in England he could have been?

Mr. Wing—Perhaps the witness cannot say.

Witness said that, on the way back to Shanghai, her husband

Text read from the printed page and cleaned; old type leaves the occasional error.

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