CASE BETWEEN MAN AND WIFE

Press, Volume LXXIX, Issue 23948, 15 May 1943, Page 6

CASE BETWEEN MAN AND WIFE

APPEAL COURT JUDGMENT (P.A.) WELLINGTON, May 14. The Court of Appeal to-day delivered judgment in appeals between George William Kain, of Wellington, warehouseman, and his wife, Nellie Maria Kain. The parties were married in 1912, and brought up four children and a stepson. The Court found that they had a happy relationship until November, 1941, when the wife returned from England, and the husband refused to live with her. In June. 1942, the wife obtained an order for the restitution of conjugal rights, with which the husband did not comply. The wife took proceedings by petition for the periodical payment of maintenance and for security. In his judgment on the wife’s petition, Mr Justice Johnston decided that he should make an order for permanent alimony of £2OOO a year. After this order had been . made, the husband took out a summons for the possession of his house in Wellington, together with the furniture, household effects, and chattels, and in February this year Mr Justice Blair made an order in his favour for possession of the house and furniture. The appeal by the husband concerning the quantum of maintenance had been withdrawn at the hearing and was formally dismissed. A cross appeal was also withdrawn at the hearing and was formally dismissed. v On the question of possession of the matrimonial home, the Court found that there was no authority for the wife’s request for a gross sum for the purchase of another house. The v.'ife had no absolute right to remain in the matrimonial home after the making of ar order for periodical payments of alimony, and the husband was not bound to f'lid another home for the wife. The wife's appeal on this question was therefore dismissed, but the Court decided to allow the wife 28 days in which to vacate it.