HUSBAND SUES WIFE

Rotorua Morning Post, Volume 2, Issue 553, 9 June 1933, Page 7

HUSBAND SUES WIFE

j ACTION TO RECOYER SHARE OF THIRTY YEARS | SAYINGS. | Describing it as a tragedy and "a i shocking thing that the parties should , ke dividing their savings among the lawyers instead of between themselves," Mr. Justice Macfarlan retired from the bench in the Banco Court in Melbourne the other day to enable counsel to settle an unusual action brought hy a. husband to recover money which his wife had saved, and a house which had been bought out of his wages over 30 years. Mr. Justice Macfarlan's action was not in vain (says the Argus), for two hours later a settlement was reached. John Edward Varty, wheelwright, of Thd Avenue, Windsor, sued his wife, Rose Varty, of Mary Street, Windsor, claiming the house in which she is living, or, alternatively a declaration that they were tenants in common. He also claimed an unspecified sum of money which she had saved out of his wages since their marriage in 1889. Varty said that the house was registered in his wife's name merely for convenience. Mrs. Varty denied that she held either the house or the money in trust for her husband. Mr. Hudson (instructed hy Mr. Gavin Laver), for Varty, said that" the parties had lived happily until 1931, when they had separated becanse of something that to most people would seem an insufficient reason. Varty had been locked out of his home, and his wife had refused to live with him. After having for 30 years given every Jpenny of his wages to his wife, either for housekeeping or for saving, Varty found himself on the verge of destitution, while his wife had the house and about £700 in the bank. Varty had lost his'job in 1930, and now the small capital on which he had been • forced to live was reduced to 12s 5d.

Mr. Justice Macfarlan (to counsel): They have saved all their lives and now they are charitably disposed toward you. It seems shocking that they should be dividing this property among lawyers instead of among themselves. Mr. Hudson. It does seem shocking. My learned friend and I have made every effort to settle the matter. Saying that he did not want to be a party to "this tragedy," Mr. Justice Macfarlan retired to enable counsel to confer with' their clients. Two hours later Mr. Hudson told Mr. Justice Macfarlan that an arrangement had been reached and by consent the action was struck out.