Judge's Homily On Value Of A Wife

Chronicle (Levin), 17 November 1949, Page 5

Judge's Homily On Value Of A Wife

AUCKLAND, Nov. 16. "There are &qme wives so utterly worthless that husbands lose nothing in losing them," said Mr Justiee Callan to a jury in the Suprpme Court during tha hearing of a petition for dxvoree and a claim for £1000 damages for alleged adultery by tlie wihe. His Honour said in cases where adultery had been established, the petitioner had the right to claim damages. However, damages were not often elaimed in cases of wives being worthless and jurips would b.p quite correct in npt awarding damages. "I hardly think that view could bp taken in this case whprp tjiere were four children of the marriage. and respondent appears to have been a hara working wife and mother, ' ' continued his Honour. "Even if there was no love she seems to have been quite a

useful adjunet to the house and of value to petifioner. f)amages should npt be asspssed as pnnishmept for eo-res-pondent but by measuring the husband's loss from a practical, sordid and pecuniary point of view. Evpry wife and- mother ba.s «a value whptl. she leaves. Either the work is not done qr money has to bq spent in-hiring someone to do it. "Then, too, there. js the point of pleasure and comf'ort of society/' said-' his Hpnour. "It is vpr-y difficult to assess sueh things as a happy marriage, affection, peace in the home and companionship but that element is entitled to be taken into accpunt. Over and above the loss to a man ig tl\e natural injury to his feelings and his humiliation. It is every diffieult to try to measure that. Persona might difEer on this point to the extent.pf over £200. "The ages of thp parties also have some beariog pn "the "question of damages. This is, npt a case of a mature man seducing a, very young woman who was little qiqre than a girl. Here the womaa is plder than the man. It makes one wopder whp did the seduction and, of eourse, it goea to her value. The easier a wife falls, well, the iess is her valqe I suppose," concluded his Honour with a smile. The jury found that adultery had been established t and awarded petitioner £500 damages.