MAINTENANCE PETITION

Evening Star, Issue 22441, 11 September 1936, Page 11

MAINTENANCE PETITION

SUPREME COURT DECISION Judgment was given by His Honour, Mr Justice Kennedy, to-day in the case in which Amy Marguerite Clark peti-, tioned for permanent maintenance from George Clark. The petition arose out of divorce proceedings in which a decree absolute was granted to the latter, the ground of the' divorce being that both husband and wife had been parties to a deed of separation which had been in full force for , not less than- three years. His Honour pointed out. that a section of the Divorce and Matrimonial Causes Act, 1928, provided that the court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money or annual sum of money for any term not exceeding her -life as (having regard to her fortune, if any, to the husband’s ability, and to the conduct of the parties) the court may deem reasonable. In such cases the court, if it thinks fit, either in addition to, or instead of, an. order for xuch security may direct the husband to pay to the wife, during, the joint lives of husband and wife, such weekly or monthly sums for her maintenance and support as the court may think reasonable. After outlining the assets of both parties", His Honour said that in the circumstances, having regard to the real income which the wife possessed, and to the income possessed by the husband, after making such deductions as were proper, ho thought the proper allowance to he made out of the husband’s income to his former wife was £72 per year until he retired upon superannuation, and thereafter £36 per year until death. There would, therefore, be an. order, in lieu of anything payable under the deed of separation agreement, for the payment of maintenance during the joint lives of the parties at the rate of £6 per calendar month- as from the date of the decree absolute until the husband retired upon superannuation, and thereafter at the rate of £3 per calendar month. If at any time hereafter, in consequence of the loss of salaried office or other alteration in the circumstances, the husband’s ability to make such payment was reduced, lie might apply for a variation of this order under the authority conferred by S. 41, while the wife had similar power to apply for an increase under the same section. The following provision would be made for the wife after the husband’s death:—There would be an order that the husband secure to the wife an annual sum of £26 for life after his death. For this purpose ho would assign a policy of insurance of £SOO effected in 1928, or transfer to trustees inscribed stock of the nominal amount of £4OO upon trust to pay the annual income arising therefrom to himself until his death, and on and alter his death to pay out of capital or income thereof the sum of £26 per year to the wife until her death, and, subject to such payments, in trust for himself. It was referred to tho registrar of this court at Dunedin to settle and approve a proper deed of trust accordingly, to be executed by tho husband within 14 days after presentation or execution. The costs of the wife, of and incidental to this application and order, would be fixed at £8 Bs, and disbursements would be paid by the husband. The costs of the preparation, settlement, and execution of the said deed and documents would be settled by the registrar and would

be paid by the husband. Leave was reserved to cither party to apply from time to time for further directions. At the hearing of the case .Mr A. N. Haggitt appeared 'or the wife and Hr P. s! Anderson for the husband.