A WIFE'S MAINTENANCE
AX IMI'OUTAXT DECISION. By Cable,—Press Association.—Copyright Wellington, Thursday. An iiiiiiortant judgment bearing On t'le responsibility of a husband tor tlv. maintenance of his wife was delivered b,\ J)r. McArthur, S.M., in Hie case
Cdley v, t'ollev to-day. Complainant, owing to alleged acts of cruelty, left her husband thirteen months ago. Since living with her sou her husband had not contributed to her support. She asked for reasonable maintenance under the Divorce and Matrimonial Causes Act. The Magistrate admitted and accepted the evidi'i'ce of defendant's cruelty and drunken habits.
Counsel for the defence asked for a di-missnl on the ground that the Court had no power to make an order, and licit the Act under which the information was laid should be the Destitute ' I'orsons Act. He contended there ivas oo evidence to show the complainant had been neglected. The Magistrate hold that section 77 ef tile latter Act provided, inter alia, ilat any married woman could apply to any court for an order of maintenance whore her husband deserted her. treated her cruelly, 0,. neglected her. Further, Unit sect!,.,, 77 provided that the Court m.ght make an order that the applicant w.is no longer bound to cohabit, nn.l Milt slip should receive reasonable mainU'.Miicc. Dr. MeArthnr held that the two sections u-ave u„. (\„„. t jurisdiction to liiako on order, basing his opinion on :eeeii| Knalish decisions which were an. ■d'cahlo o.i the evidence before him. He vas inepirod to make an order, but, would require evidence us, to the means "f the defendant.
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Taranaki Daily News, Volume LII, Issue 226, 29 October 1909, Page 4
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256A WIFE'S MAINTENANCE Taranaki Daily News, Volume LII, Issue 226, 29 October 1909, Page 4
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