SUPREME COURT

Dominion, Volume 8, Issue 2282, 16 October 1914, Page 3

SUPREME COURT

HUSBAND AND WIFE. Reserved judgment was delivered by His Honour Mr. Justice Edwards in the Supreme Court yesterday morning in the case of "Roes Watkms (appellant) against Sarah Watkins (respondent), an appeal against an order of the Stipendiary Magistrate (Mr. D. G. A. Cooper), in directing appellant (defendant in the Court below) to contribute a weekly sum to the maintenance of his wife. At the hearing, Mr. D. S. Smith appeared for the appellaut, while Mr. P. W. Jackson appeared for tha respondent.

The appellant, it was stated, was 66 years of age, and his wit's 64. They were married eix years ago, but had lived apart for the greater portion of that tinje. In May last Mrs. Watkins proceeded against her husband.for summary separation on the grounds of per6istent cruelty and failure to provide adequate maintenance. The Magistrate found that tho evidence- did not prove persistent cruelty, and declined to grant a separation order, bnt he ordered the appellant to. contribute the sum of 125.6d. per week towards tho maintenance of his wife. This decision was appealed against on the ground that it was erroneous in law and fact.

His Honour, after a lengthy review of the law and the facts, expressed the opinion that if a husband so conducts his relations with his wife, as to\ make life with him intolerable to her, it was reasonable that lie ehould, according to his meane, support or contribute to lier support elsewhere. Ihis had been recognised in Subsection 7 of Section 17 of the Destitute Persons Act, 1910. The appeal must bo dismissed, with costs 5 guineas.