HINDU SUES WHITE WOMAN

Dominion, Volume 18, Issue 151, 20 March 1924, Page 5

HINDU SUES WHITE WOMAN

A PROMISE OF MARRIAGE UNUSUAL CLAIM BEFORE MAGISTRATE The story of a Mohammedan who visited his homeland to divorce a native wife in favour of a European, who married someone else during his absence, abroad, was related to Mr. W. G. lliddell, S.M., in the Magistrate’s Court yesterday, when John Kara, described as an agent, proceeded against Mrs. Eva Briscoe, of Shannon, in respect of her separate estate for the recovery of £lBO. The statement of claim alleged that about April, 1922, plaintiff deposited the sum of £l5O with defendant for safe keeping, and that a request for its return had not been complied with. Further, it was alleged, defendant, during the same month had contracted to marry plaintiff on his return from India in 18 months’ time. He returned in* August, 1923, to fulfil the contract, and found defendant married to a third party. Plaintiff claimed £l3O, together with the sum qf £5O, representing portion of the cost of his return from India. Mr. Scott appeared for plaintiff and Mr. P. J. O’Rflgan for defendant. In evidence, plaintiff said he first met defendant in 1920, and in September af the following year they went to Christchurch and lived there t..geth/sr. In April of 1922' they disposed of their business, and came to Wellington, it being witness’s inten- , tion to leave the same month for India to divorce his wife and marry defendant on his return. The night prior to his departure, witness gave defendant £l5O. While in India lie received £2O from her, and a telegram advising him that “she was still waiting.” He returned to New Zealand in July, 19 9 3. His Worship: You were coming back in any case? Witness: I had promised to. Mr. Scott: Would you have come back if you had known she was not going to marry you ? Witness: No. Remarkable Divorce Procedure. A statement by the witness that his divorce had cost him £2OO, prompted Mr. Scott to explain the manner in which the Mohammedan severed the tie. “The five head men of the village,” said counsel, “form a jury and pronounce the words: Talak. talak, talak; and then declare what penalty the husband shall pay. It cost ( my client 1500 rupees.” A Hindu named Mapara gave evidence that at the house in Tory Place the night before plaintiff sailed for India, Kara had handed defendant £l5O, it being mentioned that the couple would start business together on his return. Mr Scott. There was nothing in writing ? Witness : No. Do you Hindus lend sums of money among yourselves without receipts?— “Yes. We trust each other.” A Mohammedan answering the name of Suleman, said he had told Mrs. Briscoe not to visit his place, as Kara was married and had children. He had seen the money passed over in the house at Tory Place, and plaintiff had loft for India to visit his parents, and “sack his wife.” Ths Defence. Mr. O’Began intimated that the defence was a complete denial that Mrs. Briscoe had received anything hut £2O, which she had forwarded to India. The item concerning the expense entailed through the voyage from India to New Zealand must, counsel submitted, be disallowed. Eva Harriet Briscoe, defendant, ■said she had married her present husband on March 31, 1923. She knew plaintiff, and had been associated with him in Christchurch. He had told witness that lie wanted to visit his parents in India as bo had been in the Dominion for 14 years, and stated that he would be away for about 18 months. Mr. O’Regan: Did he ever give you £150? Witness: No. Did ho give yon any money at all? —“Yes, £2O, at my mother’s place on tho morning he sailed. Ho said I. could have it and do what I liked with if. ... I banked £lO of it. I received two letters from him in India, the last on December 12, 1922. Ho told me. to send him. £2O as he was in trouble. I cabled it on the 18th.” Is it correct that ho was coming back from India, to marry you?—“Ho said he would.” What influenced von to marry someone else?—“l did not receive any letters.” His Worship: Did he make any arrangement to maintain you? IVitness: Ho never gave me any money. . . • When we were at Christchurch he would not let anyone touch the cash but himself, and ho used to gamble with it. I got all of my clothes on time-payment.” “An Unusual Course," In delivering his judgment, the Magistrate said plaintiff’must fail, on the travelling expense item, since, it seemed, ho would have returned to New Zealand in any event. The only matter which offered any difficulty w«s the amount of £l5O, and as against the statement of defendant, there was the evidence of three witnesses that the money had been paid over. Although the course might be somewhat unusual, he proposed to consider tho question of defendant’s maintenance during plaintiff’s absence of ]5 months and that amount His Worship fixed at £10(1. Accordingly he entered judgment for plaintiff for tho balance, £3O, together with costs.