EURASIAN CHILD

Dominion, Volume 15, Issue 75, 21 December 1921, Page 7

EURASIAN CHILD

. APPLICATION FOR CUSTODY UNDER HABEAS CORPUS ACT

AN INDIAN & HIS SCOTCH WIFE The provisions of the Act of Habeas Corpus (1679) were invoked In the Supreme Court yesterday, when the custody of a Eurasian child, Aycsha Saiaman, aged 4 years, was in dispute. The child, daughter of a Hindu father and a Scotch mother, is nt present with her mother, who irf housekeeper for a Chinese resident of Wellington, Louis Lock. The mother had been divorced by her husband, Abraham Walley Mahomed Saiaman. for adultery, the petition being undefended by her. Custody of the child was demanded by Saiaman yesterday. Mr. Justice Honking was on the bench. Mr. W. E. Leicester appeared for tho petitioner, and Mr. E. G. Jellicoe for th' l respondent. Tho petitioner based his claim on the ground that he had obtained .a decree nisi for dissolution of his marriage with respondent, on October 28, 1921. . the ground being adultery with one> Wilfrid Chandler. Petitioner had ceased living with his wife on September, 1917, and as the child was at that time only fivo months old. he had allowed his wife to keep her. From Sgptember. 1917, he had paid 275. fid. a week r.s maintenance, and had provided her,.with a house, which she loft in 1920. taking the chi’d with her. Recently, he ascertained that the respondent was living with the child nt 251 Rintoul Street, in a house occupied by Chinamen. lie went to the house on December 4. but Mrs. Saiaman refused to allow him to see the child. He had not sought to separate the child, from her mother before, on account of 'her ape; but ho wished now to remove her from her present surroundings before she became old enough to he influenced by them. The respondent contended that she was fully capable and fit to look after her little daughter. Police-Serg'Vnt McKelvey stated that t'ho respondent’s employer was a man of good repute. The child had an exceedingly good home; she was clean, tidy, and' well taken care of, and the mother seemed very much attached to her. Madge Saiaman said she had been born in Scotland, and was 2-1 years of age. She came to New Zealand in 1909. She had visited -petitioner’s shop m Ade-' laide Road, becoming friendly with him thereafter. Later, on Saiaman had compromised her. and when she told her father he said that tho best thing to do was to get married. The marriage took place in December, 1915, and the parties resided in Wellington after 1 it. His Honour said that the evidence showed that the respondent had been guilty of adultery, while the petitioner had not been. In any case, he would have independent inquiries made by the probation officers in Wellington and Auckland as to the fitness of the petitioner and the respondent. Continuing her evidence, the respondent said that the petitioner had asked her to live with her mother until he obtained a house for her; but tho house was not forthcoming. She complained that later her husband gave her only curry and rice io eat, and that only once a day. Her husband on no occasion had supplied her with money. "I did not even have enough for car fare.” she added 1 . Prior to the; birth of the baby, sho said, her husband had illtreated her. He had also threatened her mother.

The respondent was subjected to a searching cross-examination by Mr. Leicester on intimate matters, the court being closed. » Counsel asked in what religion tho respondent intended tho child to brought up. "Protestant," she answered! vehemently. “Not a heathen. I don’t go to church often, but I’m good. It isn’t always the good people who go to church.”

Further cross-examination elicited from the respondent a statement that sho bad always clothed and fed the ch'ld well, and was saving up money with which to give it a good education. “I hope she won’t fall in with bad mon. as I have,” she added', with much emotion. Margaret Searle, called by tho respondent said the latter had worked for Lot before Salomon's child was born. "I took the rnsn«Tndent fruit ami clothes,'"he wns practically starving. I took it night after nieht,” sho said. "From what I saw, I thought Mrs. Saiaman was badly treated.” Witness added that, the respondent had. on occasions, asked for foofl. saving that she was hungrv. The mother was good to her baby, and loved it.

The case was then adjourned until the next session of the Court.