DOMESTIC TROUBLES.

New Zealand Mail, Issue 1510, 7 February 1901, Page 48

DOMESTIC TROUBLES.

An application for the variation of a maintenance order was made to Dr McArthur, S.M., by George Fisher in the Magistrate’s Court on Friday morning. Mr Cooper appeared on behalf of Mrs Fisher to oppose. Complainant, who conducted his own. case, said that the question his Worship, was asked to decide was one of the restitution of property. When the order for maintenance of his wife was made against him, Mrs Fisher was given permission to remove from the house her own personal property; he (complainant) submitted that he was entitled to the same protection. The papers he put before the Court proved that an inventory taken in December, ISB9, showed the furniture and other property in, his house at that time to be worth £1069 Is 6d; that during the last three years his wife had taken out of the house property valued at £3BO 8s; and that during the six weeks prior to the date of the maintenance order (4th December, 1900) she had removed further property to the value of £IG4 los. Complainant submitted to the Court a detailed list of articles alleged to have been taken by Mrs Fisher. If the defendant thought the value placed upon the goods was excessive she had her obvious escape in the form of returning the articles.

Mr Cooper raised the objection that the only grounds for the form of application made by complainant were those set forth in sections 5 and 6 of the Destitute Persons Act, 1894, and that the provisions thereof did not cover the grounds alleged by complainant. He had his remedy under another Act, and ho (Mr Cooper) would ask his Worship to dismiss the case.

Dr McArthur said he had given some previous consideration to the case, and he was of opinion that complainant had taken the wrong course. There were other remedies at his disposal, and he could try these. Mr Fisher : “ You say remedies : What are they ?”

Dr McArthur: “ Thai is not for me to say.” Mr Fisher : “Well, I have started with the present process; 1 will try the others.”

Mr Cooper applied for costs, and ah allowance of £1 Is was made.