RESTITUTION CASES

Greymouth Evening Star, 17 September 1946, Page 8

RESTITUTION CASES

JUDGE ? S WARNING TO WIVES It is as well for all wives who are respondents in petitions for restitution of conjugal rights to realise the consequences of permitting the proceedings to continue undefended,’ and not obeying the order for restitution of those rights,” said Mr Justice Fair in the Supreme Court at Wellington during the hearing of an undefended petition in divorce brought by a husband whose wife had failed to comply - with a restF tution order. “It is, perhaps, not as widely known as it should be that non-com-pliance with an order of restitution amounts to desertion, and the consequences of that are that the wife may very well lose her right to any claim for maintenance for herself, and also her right to obtain the custody of her children,” continued his Honor. “Children normally have the right to expect that they will have the advantages of a home and all the benefits that spring from the affection and guidance of both parents—a father and a mother. “A wife or husband who puts an end to the married life without cause puts an end to normal home life, and must accept responsibility for the grave harm that such a course inflicts on their children. A wife who does this should realise that by such conduct she may forfeit her claim to the custody of the children, and will generally have no ground for asking for any maintenance.”