MAINTENANCE CLAIM

New Zealand Herald, Volume LXXIV, Issue 22919, 23 December 1937, Page 15

MAINTENANCE CLAIM

[COURT OF APPEAL ACTION HUSBAND IN NEW ZEALAND [from OUR own correspondent] LONDON. Dec. 1 A preliminary point of law, raised in a case in which a woman is claiming maintenance from another man during her husband's absence in New Zealand, has been settled by the Court of Appeal. It was contended that a contract which contemplated the separation of a husband and wife was void, as being contrary to public policy. Mr. Justice Lewis, in the King's Bench Division, ruled that it was not void or based on illegal consideration, and his judgment was upheld by the Court of Appeal without calling on counsel for the respondent. The case, which will now go for trial on the other points of the claim, was brought bv Airs. Alice Davies, of Shrewsbury, against Allan -Melrose Elmslie, of London. Mrs. Davies claimed £32 arrears of allowance under an agreement made between the parties in January, 1936. She also asked for a declaration that she was entitled to receive from Elnislie a weekly allowance of £4 until either her passage was paid to New Zealand to rejoin her husband, Hugo Harold Davies, or his passage was paid for him to rejoin Davies in England. The statement of claim alleged that in the agreement, made in January, 1936, the weekly allowance was promised to Mrs. Davies in consideration of 'her persuading her husband to go to New Zealand, and consenting to forgo the consortium of her husband. It was alio alleged that Elnislie paid the allowance for a year, hut had refused to continue it. Mrs. Davies had always been ready to. rejoin her husband.

Counsel for Elmslio contended that *uch an agreement was illegal. The preliminary point to_ be decided was whether, as the defendant contended, 'tho agreement was unenforceable because it was against public policy.