DIVORCEE’S ALIMONY

Sun (Auckland), Volume III, Issue 917, 10 March 1930, Page 11

DIVORCEE’S ALIMONY

MAINTENANCE OF GUILTY WIFE UNABLE TO EARN LIVING “A husband whose conduct has been unimpeachable may be required to secure the maintenance of a guilty wife, and from my own observations I do not think the woman is able to earn her living at present.” Thus, Mr. Justice Ostler, in the Supreme Court today, in granting maintenance at the rate of £1 a week to Lillian Burton, who was divorced by her husband, Henry Joseph R. Burton, because of her misconduct with Charles L. Aldridge, who was a boarder at the home for four years. The application was supported by Mr. E. H. Burton, who pointed out that the Court had a discretionax-y power to grant maintenance. He said the husband’s conduct had not been satisfactory, for, after having had a scuffle over his wife with the co-respondent, he allowed the man to board at his home. Mrs. Burton collapsed on entering the witness-box, and later fell from her chair into a sobbing- faint. Giving her age as 51, she said she had been married for 26 years and had four children. Her husband left her last year, and allowed her £2 5s until the act of adultei-y on March 30, and £1 5s since then. Mr. Singei-, for the petitioner, stated that he had left home on account of the co-respondent and remained away until he secured evidence for a divorce. Questioned by Mi\ Singer, Mrs. Burton admitted staying at the same house at which Aldridge was boarding in July last, but she denied seeing him much. On March 30, her husband ai'rived home to find Aldridge in her bedroom, and took the children away. Slxe declared that hei- health and nervous condition did not permit her working, but confessed she had never sought employment. In gi'anting £1 a week to Mrs. Burton, his Honour made it clear that the maintenance was only temporary relief. He believed that when the woman recovered her health she would be able to work and would have to earn her own living. The decree nisi was made absolute.