Queer Maitenance Case.

Feilding Star, Volume XV, Issue 296, 24 April 1894, Page 3

Queer Maitenance Case.

(PER PRESS ASSOCIATION ) Dunedin, April 22. A maintenance case possessing very unusual features was heard before Mr Garew yesterday. It was that of the Benerolent Trustees v Colville, defendant being sued for the maintenance of his children. The children's mother was some time ago divorced from her husband, the father of the th* two little ones before the Court, the decree giving the wife the custody of the children, and providing that tho father should pay £22 10s, and thus become absolved from all further liability for maintenance The mother j married again, and her second husband, who was described as "a book hawker, a bird of passage," had left her without means, hence the children had become a charge on the Beneyo lent Institution, which now took action against tho father under the Destitute Persons Relief Act. Mr George Cook argued that the jurisdiction of the Police Court under the Act was not ousted by the divorce proceedings, as the divorce suit was merely a matter as between the principal parties, whereas the present proceedings wero practically taken on behalf of the public and on public grounds. Mr Joel, on the other side, said that proceedings were previously taken by the mother again6t the present defendant, and the case, which was be.rd at Wellington, was dismissed, the order including an instruction to the Clerk not to issue further summonses io the matter. Council further submitted that the stepfather was the proper person to contribute. He contended that the order of the Supreme Court ousted the jurisdiction of the lower Court, and that the proper proceeding would be ah application to the Supreme Court to vary the order, if the wife was not competent to undertake the maintenance. His Worship, after listeniug to the argument, said that he felt little doubt that the father was liable, it being proved that the children were destitute. It seemed hard upon tho father, but his Worship nt the same time thought it was his duty to make an order. Mr Joel nsked his Worship to delay making the order till it could be seen whether the stopfather could subscribe anything towards the maintenance. His Worship — Meanwhile what are the children to do? If the mother were dead tho father would bo the proper person Tho mother is not dead, but ehe is destitute. 1 will make an order in respect to each child for the payment of 5s a week, Mr Joel intimated that he would probably appeal —Post.