THE MAINTENANCE OF A DIVORCED WOMAN.

New Zealand Herald, Volume XXIII, Issue 7824, 18 December 1886, Page 2 (Supplement)

THE MAINTENANCE OF A DIVORCED WOMAN.

A NOVEL POINT OF LAW. At the Liverpool County Magistrates' Court, Thomas Constable and Valentine Constable were summoned to show cauae why they should not support Mary Constable, their mother.* who is at present chargeable to the West Derby Guardians. Mr. A. J. Cleaver appeared for the guardians ; and Mr. Hull for the defendants. Mr. Cleaver explained that Mary Constable was divorced from her husband, who was still living, but he was not liable to support her. Tho non-liabi-lity to support the tvoman only applied to the husband, and had nothing to do with the sons. Under the Act of Elizabeth, which he quoted, they were just as much liable as if there had been no divorce. There had been no case decided on the point in dispute, but he held that the sons were liable. Supposing the mother were entitled to property the sons would be entitled to administer, and, on the other hand, the mother would be entitled to administer to the effects of the sons. Mr. Hull only wished to raise the point of argument, because it was a case never yet decided. Under a deed of separation the husband bad to allow the woman 14s a week. In 1870 a decree of judicial seperation was made, and the Court ordered 12s a week for maintenance. In 1877, in consequence of an act of adultery by the woman, a divorce was granted, but the Court made no order of maintenance. Since 1566 this woman had been living apart from her husband. The sons were 24 and 26 years of age, and had had no consideration for that which they were called upon to pay, the woman not having taken the place of a mother to them. The Bench, after consideration, said they were of opinion that it was a hard case on the sons, but if the woman destroyed her right of maintenance from her himband the deficiency must be supplied by the sons. They would make an order, leaving it to the sons to take it to a higher Court if they liked. It was then agreed to accept 3s a week, and from the married son Thomas Is.