SUPREME COURT

Press, Volume XC, Issue 27307, 25 March 1954, Page 13

SUPREME COURT

APPEAL BY HUSBAND DISMISSED

The appeal by Arthur Lancelot Cyril Watkins, a skin buyer, of Rangiora, against a decision of Mr Rex C. Abernethy, S.M., in the Magistrate’s Court on October 19, 1953, granting Ngaire Joan Watkins, his wife, orders for separation, maintenance and guardianship, was dismissed by Mr Justice Archer-in the Supreme Court yesterday, with costs of £l5 15s against Watkins.

The hearing began on Tuesday. Mr R. Twyneham appeared for Watkins, and Mr B. A. Barrer for Mrs Watkins. His Honour said that the orders had been granted on the grounds of persistent cruelty and wilful failure to maintain. As to the first ground, there was evidence that Watkins was selfish, domineering and very difficult to live with, but where mental cruelty was alleged the wife must show that it was such as to endanger, or be likely to endanger, her health. He was left in some doubt whether the evidence went as far as that. When Mrs Watkins left home in May, 1953, she had ample justification for doing so, said his Honour. Watkins was a selfish, self-indulgent man who imposed on his wife and the community for years by his supposed inability to work. When Mrs Watkins left home the appellant tried to force her to return by sueing her for chattels she took from the house and, when the Magistrate held that most of them were hers, by refusing to maintain her and the two younger children who were with her. When the Magistrate granted Mrs Watkins the orders for separation, maintenance and guardianship Watkins not only wilfully but unlawfully refused to maintain her though he had ample means to do so. His Honour said that, on the ground of wilful failure to maintain, the Magistrate’s orders were justified and would be sustained.