CUSTODY OF A CHILD.

Taranaki Daily News, 14 July 1922, Page 5

CUSTODY OF A CHILD.

THE CASE. IN APPEAL COURT. DECISION RESERVED. By Telegraph.—Press Association. Wellington, July 13. In the Court of Appeal Mr. Jellicoe continued his argument in the Salaman case, in which the custody of the child of an Indian and his white wife is involved. He contended it was not open to the court in an order absolute for a writ of habeas corpus to decide questions of breaches of covenants in the deed of separation between husband and wife. This he said was what the Supreme Court had done in the present case. Wellington, Last Night. The Court of Appeal concluded this afternoon the hearing of argument in the Salaman case. Mr. Myers, for the respondent father of the child, said the most that could be affected by the appeal was the question of costs, since he contended the reversal of the judgment would not result in the mother recovering custody of the child. The deed of separation between the parties, by which the wife had the lawful custody of the child, had, he said, come to an end on the unchastity of the wife, and the husband therefore had the legal right to the custody of the child. In any case, he contended the main consideration for the Court was as to what was in the best interest* nf the child. The Chief Justice suggested that both parties should agree to send the child to some orphanage or institution, but Mr. Myers said he had no authority to agree to such a suggestion. The issue of the writ of habeas corpus and the order made as to the custody of the child were, said Mr. Myers, perfectly valid. After Mr. Jellicoe had replied the court reserved its decision.