THE STEAD CASE.

Manawatu Herald, Volume LI, Issue 4432, 27 March 1930, Page 3

THE STEAD CASE.

WIIFE'S APPEAL SUCCEEDS

COMMENTS BY JUDGE

Auckland, March 25,

Mr. Justice Ostler gave his decision to-day in an appeal against an order made by Mr. E. C. Cutten, S.M., hv which Annie Louisa Stead was ordered to pay her husband, Gerald Lovat Stead, as a destitute person, £5 per week, on the ground I hat circumstances had changed and that new material evidence had been discovered. The appeal was allowed, with £lO 10/- costs, witnesses’ expenses and disbirrscments.

His Honour said he refused to regard Stead as a destitute person. He started a business last October and it: had apparently prospered on bis own showing. No moneys had been paid him by his wife, nevertheless he was well-dressed and admitted that he had never lacked a meal, and also that since October there had been a turnover of £SOO The business had prospered so markedly that it apparently had a celling value. Moreover, he owned a motor-car, though not a valuable one. He was only 47 years of age and (here was-no apparent reason by he should not do some manual labour. The effect of the Alagistrale’s order was practically to give back to him the whole of the money which he had voluntarily made over for (he education and maintenance of his children, aged 19-4, 174, and 151 years. In the course of eighteen months one-third of that income will revert to him, and as each of the other children attains 21 years of age, even if they do not marry (all being girls), the balance of that income will be his. He had not parted with it altogether. “I can see. no equity, even assuming he is destitute, in taking the whole of that income away from (lie children at a time when it may be vital to their interests, in order I o help to maintain him and the woman he is living with,” said His Honour. “It seems to me monstrous Hint a husband, living as the respondent is in adultery with another woman, and carrying on a business with her under an agreement to marry her as soon as he obtains a divorce from bis wife, Mould have the right of law to force his wife to maintain him. I am prepared on this ground alone to hold that there is sufficient cause! for the failure of the wifs to maintain him, and, having come to that conclusion, T must allow the appeal.”