THE MARRIED WOMAN

New Zealand Herald, Volume LXI, Issue 18799, 28 August 1924, Page 11

THE MARRIED WOMAN

OBLIGATIONS AND RIGHTS* QUESTION OF MAINTENANCE ORDER MADE IN .AUSTRALIA. "Married women have obligations si well as rights." stated Mr. J. W. Poyiiton, S.M., in the Police Court yesterday in the course of a reserved decision con* ceming an action brought by the main' tenance officer, Mr. W. J. Campbell, against S. S. Morrison, who was £143 in arrears on a maintenance order in respec* of his wife. The case was an unesu&l one, said the magistrate. In April, 1923, the wife obtained an order in Boxwood, New South Wales, against her husband for £2 tOs ;s week maintenance. The order was registered in New Zealand. When brought before the Court defendant said he was married to complainant in 1919. and cams with her to New Zealand in 1922. 8h« became discontented, and went back x* Australia, promising to return in sis mouths. A summons was served on him for maintenance to appear at Burwood, but he did not appear. He swore that ha was willing to provide a home for her, and- had written to her saying so. Ha said that when living together they \verd on good terms, and there- was no reason why she should have not returned to Ne\y Zealand.

"There are," said Mr. Poynton. "th* usual remedies for defendant. He can show that the order should not have been made; that it should be cancelled, or arrears remitted, or that ho is not in a position to comply with it, or that shn has means, etc, On the evidence I could not make an order, as she appears to have deserted him without cause, and is now living in a separate State. "Some married women think that when they marry, their husbands are theii slaves, and must maintain them in any circumstances. That is not so; the woman has her part to play as well as the man. Courts discourage couples from living apart, for obvious reasons, and if a wif« is healthy without children, and has no reason for living apart from her husband, she cannot as a right claim msiintenanca from him.

"Of course the wife's story has no& been heard, and it might have put a different complexion on the case. I think the fairest way would be to adjourn tha matter for two months to enable -Mm maintenance officer to communicate with her. ■}■ the meantime the defendant can. if i,e so desires, take s;teps to have the ordsi' cancelled or varied and apply to have the arrears remitted."