NOT JUSTIFIED

Rotorua Morning Post, Volume 1, Issue 131, 26 January 1932, Page 5

NOT JUSTIFIED

WIFE'S APPLICATION FOR IMPRISONMENT OF HUSBAND NO ACCESS TO CHILDREN A case which has been several imes before the Rotorua Magistrate's 1 lourt was revived again yesterday - vhen Innes George Shaw, a motor : alesman of Te Puke and now of Rotorua defended a complaint for disobedience of a maintenance order laid by his wife Irene Shaw. The parties were separated by an order of the court made at Te Puke and since the date of that hearing, Mrs Shaw has several times taken proeeedings to enforce the terms of the maintenance order which was - made at the time. Instructed hy Mr. H. O. Gooney, of , Te Puke, Mr. E. Roe stated that al- * though the case had been adjourned - to give Shaw an opportunity to live " up to his promises, the defendant * had paid nothing off the arrears which * now amounted to £45 16/6. Mrs Shaw - had no means of support and was * entirely dependent upon her friends . and relatives. Under the eireumstances . Mr. Cooney had instructed him to ask : for an order for committal and also" that defendant should be instructed not to molest his wife. After the last ' court hearing, Shaw had- passed a jeer- * ing remark to his wife telling her- to . go back to her friends in Te Puke .* and tell them "all about her forgeries." Mr. M. H. Hampson, who appeared for Shaw, said that since the last hearing the defendant had made three car saies. On one of them £20commission was dne, and a similar amount on another sale. On the third sale Shaw had had to accept as commission a car which be hoped to sell for about £15. Although the commission had not been immediately payable, Shaw had pressed the urgency of the matter and had succeeded in obtaining £10 cash of which he had immediately wired £9 10/- direct to his wife. This was the only money whieh Shaw had handled and he had handed over all of it with the exception of 10/-. He was genuinely desirous of assisting his wife and children and the fact that he had been working hard was evidenced by the number of saies he had made. He had sent toys to his children at Christmas time but had received -no acknowledgement of the gifts. The defendant was most anxious to obtain some sort of aecess to his ' children and counsel made application tbat this should he granted to his client. Shaw ahsolutely denied that he had in any way molested his wife. The Magistrate said that the facts did not justify his making an order for Shaw's imprisonment, although his , conduet had not been altogether satisfactory. The information for disobedience would be dismissed but no order : would be made for access. Mr. Hampson asked if His Worship would be prepared to review the matter again at some future date and, the Magistrate stated that he would re-consider the application when Shaw displayed a better attitude toward his ; |wife. ; ■