CARE OF CHILDREN

Poverty Bay Herald, Volume LXVI, Issue 19883, 9 March 1939, Page 4

CARE OF CHILDREN

DIVORCE CASE ORDER MONEY HELD TN TRUST HUSBAND NOT TO BENEFIT “I am sure that counsel will share my view that it would (be abhorrent to think of the husband profiting by his wife’s fall,” said Mr. Justice Northcroft, dealing during yesterday’s sitting of the Supreme Court with the disposal of damages granted by a jury in the divorce case of Marshall versus Marshall and Peddle. The jury had awarded £750 damages against the co-respondent, Frederick William Peddle, jun., on the petition of Gordon McGregor Frederick Marshall for a divorce from Vera 'Ethel Marshall, On the grounds of adultery. At the conclusion of the hearing. His Honour had intimated that he would consider the best means of allocating the damages awarded, and during yesterday’s sitting he informed counsel that he would place £SOO in trust for the four children of the Marshall marriage. and £250 for the benefit of the respondent, while she remains chaste and unmarried.

Mr. M. R. Maude, appearing for the petitioner, suggested that His Honour should make the' order ■in such a manner that part of the damages should be available to provide a home for the children, under Marshall’s care.

, In reply to His Honour’s question as to why petitioner had so dramatically broken up his home when his wife had left him, Mr. Maude stated that the petitioner was unable to secure the services of a housekeeper, and also was unable to look after the children himself.

His Honour commented that he could not contemplate the use of any part Of the damages for the petitioner’s benefit. Using it to pay for a house for the petitioner would fail within that ban. He asked whether counsel could inform him of Mrs. Marshall’s circumstances at present.

Mr. P. Blair, for the co-respondent, stated that Peddle was supporting Mrs. Marshall and the fourth child at present.

His Honour made an award of £SOO for the care and advancement of the children, and of £250 for the maintenance of the wife while she remained chaste and unmarried. If the divorced wife remarried, or was proved unchaste, the £250 would be incorporated with the fund for the upkeep and advancement of the children.