STEAD APPEAL

Hokitika Guardian, 25 March 1930, Page 5

STEAD APPEAL

JUDGE’S DECISION

(By Telegraph—l'rese Association)

AUCKLAND, March 25

Justice Ostler gave his decision today in an appeal against an ordei made by Mr Cutler, S.M., wherein Annie Louisa Eilaid was ordered ti pay to her liiifUanil Gerald Lovat Stead, as a destitute person, £5 per week, on the ground that circumstances had changed fin'd that new material evidence had been discovered. The appeal was allowed with ten guineas cost, wimesses expenses anti disbursements.'

AUCKLAND, March 25.

Justice Ostler ruiused to regard Stead as a destitute person. He started business last October, it lmd apparently prospered. On bis own showing no moneys bad been paid him by, his wife, nevertheless be was well dressed and admitted lie bad never lacked a, men . A] so that since October there had been a turnover of £SOO. The business had prospered so markedly that it apparently had a selling value. More over he owned a motor-car, though not a valuable one. He was only 47 years of age and there was no apparent reason why he slloulid not do some manual labour. The effect of the Magistrate’s order was practically to give back to him some of the money which lie had voluntarily made over for the education and maintenance of his -children, aged 19), 17), and 5) years. In the course of eighteen months, one third off that income will revert to him, and as each of the other children attain 21 years of anie, even if they do not marry earlier, (all being girls) the balance of that income will be his. Ho lias not parted with it altogether. T can see no ermitv, even assuming that lie is destitute, in taking the whole of that income away from the children at a time when it may be vital to their interests, in order to help to maintain him and tho woman lie is living with. it, seems to me monstrous, said Judge Ostler, that a husband living as a respondent is, in ndultry with another woman, carrying on a business with her under an agreement to marry her as soon as he obtains a divorce from liis wife, should have the right of law to force his wife to maintain him. 1 am prepared on these grounds alone to hold that there is sufficient cause for failure of the wife to maintain him, and having come to that conclusion, I must allow the appeal. i