|
Reuben Abraham Batty, respondent
Divorce and Matrimonial Causes Jurisdiction
To their Honors the Judges of the Supreme Court of the Colony of Victoria
In re Elizabeth Armstrong falsely called Elizabeth Abraham and Reuben Abraham Batty otherwise called Reuben Abraham formerly of Murtoa Laborer.
The third day of November in the year of our Lord one thousand eight hundred and eighty two.
The petition of Elizabeth Armstrong falsely called Elizabeth Abraham
Sheweth
1. That on the twenty eighth day of July one thousand eight hundred and seventy seven a Ceremony of Marriage between your Petitioner and the abovenamed Reuben Abraham Batty under the then assumed name of Reuben Abraham was performed at the residence of John Millar at Murtoa by John Thomas Pithouse a Minister of the Primitive Methodist Church in Victoria and duly authorized to solemnize marriages pursuant to the provisions of the Statute in such case made and provided.
2. That your Petitioner was then of the age of twenty four years and was born at Adelaide South Australia and the said Reuben Abraham Batty was of the age of twenty nine years and was born at St Kilda in the said Colony and before and at the time of the said marriage Petitioner and the said Reuben Abraham Batty were domiciled at Murtoa aforesaid.
3. That Petitioner was at the time of said marriage ceremony a domestic servant and the said Reuben Abraham Batty was a Farm Laborer and since the said Ceremony of Marriage the said Reuben Abraham Batty has supported himself by his labor as such servant and Petitioner has supported herself by her labor as a Laundress and work woman and has also been partly supported by her stepfather at Murtoa the said Reuben Abraham Batty having occasionally contributed to her support.
4. That since the said marriage your Petitioner has had one male child by the said Reuben Abraham batty born on the nineteenth day of May one thousand eight hundred and seventy nine at Murtoa and who has been named Reuben Abraham.
5. That from and after the said Ceremony your Petitioner and the said Reuben Abraham Batty cohabited as man and wife at Murtoa aforesaid until the twenty third day of February one thousand eight hundred and eighty when the said Reuben Abraham Batty ceased to cohabit with your Petitioner and left her to work for one August Wehl who resided a few miles from Murtoa and every since said last mentioned day the said Reuben Abraham Batty has not returned to your Petitioner or been heard of by her.
6. That since the last mentioned day your Petitioner has been ascertained as the fact is that on the thirty first day of January one thousand eight hundred and seventy two the said Reuben Abraham Batty was lawfully married at the Presbyterian Manse Clunes in the said Colony to one Anne Williams of Clunes then a widow.
7 That at the time of the said Marriage or Ceremony of Marriage between your Petitioner and the said Reuben Abraham Batty as hereinbefore mentioned the said Anne Williams was living and was the lawful wife of the said Reuben Abraham Batty of all which your Petitioner was then ignorant.
8 That the said Reuben Abraham Batty has by such Marriage with your Petitioner as aforesaid been guilty of the crime of bigamy.
9. That your Petitioner in the month of March one thousand eight hundred and eighty first discovered that at the time of the said Ceremony of Marriage between her and the said Reuben Abraham Batty he the said Reuben Abraham Batty was in fact the lawful husband of the said Anne Williams but your Petitioner has been unable through want of means sooner to institute this Suit.
10. Your Petitioner distinctly and unequivocally denies all collusion or connivance past or present directly or indirectly with the said Reuben Abraham Batty.
Your petitioner therefore humbly prays that your Honors will be pleased to decree that the said Marriage between your Petitioner and the said Reuben Abraham Batty is null and void and that your Petitioner may have such further and other relief as to your Honors may seem fit. And your Petitioner will ever pray.
(Signed Elizabeth Armstrong)
| 
