The Archive · 1930

SHANGHAI LAW

HM, SUPREME COURT — A Divorce Case In HM- Supreme Court on November 25, before Judge G. — W. King, Mr. Claude Hamilton

Rolfe, of Shameen, Canton, at present living at Hongkong, petitioned for the dissolution of his marriage, alleging that his wife, Laure. Ne thalia Zelie Rolfe, had committed misconduct with Jacques Maresehal, 'a French citizen.

Mr. J. E. Badeley represented the "petitioner; there was no defence. "The petition stated that the attics were married at Canton on March 28, 1923, and lived together in Canton and Paris. two children. About March, 1930, respondent left the petitioner for the ce-respondent, with whom she sailed for France aboard the str. Angers on May 6, 1980. She had admitted misconduct. Petitioner was Permanently domiciled in China.

Granting a decree nisi with custody of the children, his Lordship said that the case had taken rather an unusual course in that evidence was submitted on affidavit. In the circumstances, however, it was immaterial whether the necessary evi dence was given in the witness-box or-in the form of an affidavit pre-ented in court. He was satisfied the allegations had been proved.

question of domicile, also, convinced that petitioner was ently' resident in China. He had so stated and it was obvious that he had resided in China all his Ufo with the exception of brief! Periods spent for. the purpose of education in England. After all, domicile in such a case was a ques ttlon of choice, involving the well-Known rule of law, animus manendi

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

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