In the Supreme Court, Christchurch, Judge Denniston has given judgment iu Ellmers v. Ellmers, an appeal from a magistrate’s decision. The parties were man and wife, and the husband resisted a claim for maintenance on the ground the wife had in 1886 agreed, for the sum of £3OO, to let him live ajmrt from her as if he were a single man. The magistrate decided against the husband, and the judge now upheld that decision, pointing out that though a married woman might contract herself out of her common law rights, the obligations contracted bj the Destitute Persons Act were of totally different character. The object of the statute was to prevent a wife from being a burden on the State while she had a husband able to maintain her. and no contract between the parties could relieve a husband of that duty.
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https://paperspast.natlib.govt.nz/newspapers/SOCR18941222.2.47.1
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Southern Cross, Volume 2, Issue 39, 22 December 1894, Page 21
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145Page 21 Advertisements Column 1 Southern Cross, Volume 2, Issue 39, 22 December 1894, Page 21
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