MAINTENANCE ASKED.

Auckland Star, Volume LXXII, Issue 76, 31 March 1941, Page 4

MAINTENANCE ASKED.

FORMER WIFE'S CLAIM. SUPREME COURT ACTION. A claim for maintenance was heard in the Supreme Court to-day before Mr. Justice Blair. when Nora Kvclyn McDowell (Mr. A. 11. Johnstone, K.C., and Mr. BeckerlesT) petitioiied against J'ercv Alexander McDowell (Mr. V. H. Meredith and Mr. McCarthy 1. Petitioner said she came to Xevv Zealand to marry her husband after the la<3t war. Ah :-he had no means of her own he sent her pass-age money to England, and the marriage took place a week or so after her arrival. At that time respondent had heen manager of a store at Tangitiroria. on a salary of £4 a week and a free house. She worked in the store from 1921, after her marriage. They bought the -tore in 1922, and from then until 1926 the turnover rg»e from £200 a month to £1700 a monTn, due largely to the fact that a Public Works Department job was started in the vicinity. She had also drawn £2 a week for her work in the post office which was attached to the store.

To Mr. Johnstone, petitioner Raid she had been a fully-trained nurse, and spent three year* in Fiance during the Great War of 1914-18. She had always thought that she was a partner in her husband's business, as she had worked hard to build up the money they had made. Mr. Johnstone said the husband had secured a decree nisi against the petitioner in March, 1940, based on a mutual agreement to separate made in 193tS. Soon after that the present petitioner ]j a<l commenced an action against the present respondent, alleging that there was a partnership between herself and her former husband. That action had failed, however, Mr. Justice Smith ruling that there was no partnership. To that partnership action there was a supplementary claim for maintenance, but, as it was not clear as to whether that procedure was correct, the maintenance, claim was now being taken separately. (Proceeding.)