APPEAL DISMISSED

Waikato Times, Volume 122, Issue 20502, 19 May 1938, Page 15

APPEAL DISMISSED

KAWHrA MAINTENANCE CASE YOUNG WIFE AND OLD HUSBAND An appeal against an order for the maintenance of his wife, Margaret Ellen Sheweiry, made in the Magistrate's Court, Hamilton, against Assad Michael Sheweiry, storekeeper, of Kawhia, was heard by the Chief Justice, Sir Michael Myers, in the Supreme Court, Hamilion, yesterday. Appellant was represented by Messrs F. H. Haigh and J. Oliphant, and respondent, who was Ihe complainant in the Lower Court action, by Mr W. J. King. The appeal was dismissed. The issues in the case were very simple, said Mr King, being first the question of whether there had been failure on the part of appellant to maintain his wife and. second, whether under Section 17 of the Destitute Persons Act, 1910, respondent had reasonable cause for refusing or failing to live with her husband. The question of reasonable cause was one solely for the discretion of the Court. Respondent was now 20 and appellant in his 78th year, said Mr King. They had met in Auckland and appellant had apparently become infatuated with respondent. He had offered her, and later her mother and father, work In Kawhia and ultimately these three had gone to Kawhia. There appellant had offered respondent marriage and they had married on October 18 last. There had been no -courtship and, in evidence, respondent said that she had agreed to marry when appellant said he was ill and wanted someone to look after him. Three days after the marriage, respondent had been operated on for acute appendicitis in Waikato Hospital- She had subsequently left appellant because of his marital exaciions, even when she had just returned from hospital. Respondent had finally left- appellant on February 7 last. To Mr Haigh. respondent, said she would not *go back under any circumstances. She admitted attending dances without her husband. Evidence of Appellant Appellant in evidence denied allegations made by respondent regarding his conduct. He had paid respondent£2 a week, both before and after the marriage, up to the time she left him. To Mr King, appellant said he had stopped his wife's credit on February 12. He also denied that he had asked her to marry him merely because he was ill and needed nursing. In giving .judgment. His Honour hold that the advertisement published by appellant disclaiming liability for debts incurred without his written authority was sufficient evidence of rallure in maintain, unless respondent left appellant without reasonable cause. Rut in my opinion." added Sir Michae]. she had reasonable cause.

1 accept her evidence in the main Here we have the casp of a vigorous

old man of 7*. and a man of particular temperament, marrying a young girl—and the inevitable has happened. The appeal is dismissed.”