WIFE'S LEGAL STATUS

Evening Star, Issue 17311, 26 March 1920, Page 8

WIFE'S LEGAL STATUS

IS SHE A CHATTEL? In England at least doubt appears to exist whether a wife is still—in fact, if not in' law—a chattel of her husband. This wus the subject of an interesting legal argument before Mr Justice M'Cardie in the London Divorce Court during a case in which damages were sought against u. co-respondent by the husband. Counsel for the petitioner said that up tu the Matrimonial Causes Act, 1857, a woman was regarded as a chattel, and a jury had to award damages according to her value to her husband. Flis Lordship then asked when a wife ceased to be regarded as a chattel. Counsel said he had not suggested that this idea hud gone. Yon say she is still to be regarded as a chattel?—-Yes, with slight modifications. The question in assessing the damages is what is she worth? Then you call her a quasi-chattel? (Laughter.) Mr Justice M'Cardie said if damages were given against a co-respondent for misconduct with a woman whom he did not know to be married, then damages were not given for misconduct with knowledge, but as a sort of punishment for immorality. Counsel: I should «ay ft is only a case of compensating the injured husband Tor the loss sustained. It is not a case of punishing anybody. Mr Justice M'Cardie said that if the real test were the loss to the husband, how could it be said that the injury to the husband was accentuated by the fact that the co-respondent, knew" that the woman was married? He could not see that the loss was affected to the slighest degree. Mr Justice M'Cardie asked if, as the result of counsel' researches, he could show that a wife could brine an action against) the seducer of her husband. Counsel said there w:n> no such case. and there could not be such an ■ action, because she had not got the same legal status or the same legal rights. His Lordship said he would consider th-p case.