LAW REPORTS

Dominion, Volume 8, Issue 2271, 3 October 1914, Page 11

LAW REPORTS

SUPREME COURT

MAINTENANCE ORDER

APPEAL FEOM LOWER COURT

; Is tli'e opinion of the Magistrate final as to what constitutes reasonable cause for a wifo leaving home? This was. one-of t!he questions which Hia Honour Mr. Justice Edwards said seemed to arise in connection with an appeal oa.se hoard in tho Supremo Court yesterday afternoon. Tho words' of Subset--tion 7 of Section 17 of .the Destitute Persons Act, 1910, were, said His Hon-our,-rather perplexing, and'it'Seemed to hirn that the question would have to be carefully considered. The case before His Honour was that of Rees Watkins (appellant) against Sarah Watkins (respondent), an appeal against an order of the Stipendiary Magistrate (Mr. D. G. A. Cooper) in directing appellant (defendant in tho Court below) to contribute a weekly sum to tho maintenance of his wife.

Mr. D. S. Smith appeared for tlio appellant, while Mr. P. W. Jackson appeared for the respondent. . The. appellant, it was stated, was 66 years of age, and 'his wifo 64. They wore married six years ago, but ha-i lived apart for a portion.of that time. In May last Mrs. Watkins proceeded against her husband for summary separation on ill; ..'grounds "of persistent cruelty and failure to provide a<te<vu:i;; maintenance. The ulaKlstrate" f°unu that the evidence did not prove persistent cruelty, and declined to grant a separation order, but ho ordered the appellant to contribute the sum of '12s. 6di per week towards tho maintenance of bis wjfe. Jn.dying tho.rcaspns of appeal,. Mr. Smith explained that

tvas relt. tjia.f. tlio Magistrate's' order would affect the right of Watkins to a pension, although ho had borne a good record. It was submitted that if the respondent had left her husband .without reasonable cause, the Magistrate was not bound to 'make an order against her husband for maintenance. Thr grounds of the appeal were that the decision was erroneous inTlaw and fact, and against the weight of evidence as regarded failure to maintain and reasonable cause for the wife leaving home.

After hearing legal- argument, His Honour reserved decision.