Important Maintenance Case.

Evening Post, Volume XLVIII, Issue 141, 13 December 1894, Page 2

Important Maintenance Case.

* "-*■■».. L [VHITID PBBfIB ABBOOIATIbN.) IBT TjLrQKAPH.j CHEIBTOHUECH, THIB DAT. s At tlie Supreme Court yesterday Mr. . Justioe Denmston gave indgmeut in the - oaße of Ellmers v. Ellmera, an appeal from a deoision "of the Magistrate's Cours. In 9 this cage the wife had taken proceedings against her husband for maintenance. The Lueband had denied liability on the ground that in 1886 the partios had entered into a • deed of separation whereby in consideration of .£3OO the wife agreed that her husband might live apart from her as if he were a single man, that she would not attempt to compel him to allow her any alimony^or maintonanoo, and that any future incontinence on- bia part should bo no ground for complaint or for any proceedings by her again sb him. It had been proved that during the present year_ a suit for judicial separation and petition for alimony brought by her against the defendant by reason of his adultery eubeequently to deed of separation, had been dis- » missed on the ground that by the terms of n tb» deed ?he bad connived at snob, adultery. r Mr. Beotbam, SM , had determined that the deed of -separation afforded ho ground of answer or defence to the wife's complaint, and had made an order for the payment by 1 Elllmers of 15s per week towards bet maintenance. His Honour taid that though a married woman might oontraot herself out of her common law right, the obligations created by the Destitute Person* Act were of a totally different oharaoter. The object * of the Statute 'was to prevent a wife from I being a burden on the btato while she had a husband able to maintain her, and no con* tract between the parties could relieve tho husband of that duty. He upheld the ; Magistrate's deoision, dismissing the appeal i with costs. ■ .