IN BANCO.

Dominion, Volume 4, Issue 961, 31 October 1910, Page 3

IN BANCO.

• A WIFE'S MAINTENANCE. PIRANI V. PIRANI. The maintenance ease of Pirani v. Pirani was advanced a stage on Saturday morning, w'hen Mr. Justice Copper, sitting in Banco, delivered the judgment of liimself and Mr. Justice Chapman (who was not present)_on a preliminary matter connected with the appeal of Frederick Pirani against the decision of ill'.' Hasolden,, S.M., ordering him to pay to his wife, Martha Pirani, maintenanco. contributions amounting to £91 10s. /When tho appeal was heard on August 14, the Court intimated that if they found that there was sufficient written matter to establish a valid agreement between tho parties they would uphold the judgment of the magistrate without further hearing, but in tho nbsencc of such proof of agreement, they would require' to hea.l' ovidanoo.

The judgment on this point, as delivered rday, was tliat after an exhaustive examination of the correspondence, their Honours were unable to ueduce that there was a sufficient agreement __to oblige Pirani to pay "his wife £2 los. a week so long as they lived apart. His Honour pointed out to counsel that it was desirable, for the sake of tho children, that efforts should ho made to come to a settlement. It was most 'unfortunato that a married couple should have their matrimonial troubles ventilated in a Court of law. It would not take much additional ovidcnco to satisfy the Court that a binding agreement existed, but perhaps that evidenco would not ho forthcoming. . Mr. A. Blair (for the appellant) said that Pirani had always been willing to make an allowance to liis wife. Mr. A. Gray (for the respondent) said that Mrs'. Pirani had always been willing'to agree to some reasoniiblo arrangement. . Mr. Blair rejoined that there would be no difficulty, if tho question was simply one of an allowance, but there would be difficulties in the way of a binding agreement. It liad been suggested that Pirani liad said that his wife deserted him. Mr. Gray: We say .that the boot is on tho other foot. His Honour again urged that, if possible, some settlement should be arrived at. Failing that, the Court would sit .next Friday at 10.30 to hear evidence. .