MAINTENANCE CASE

Southland Times, Issue 21090, 23 May 1930, Page 11

MAINTENANCE CASE

AN INTERESTING POINT.

(Per United Press Association.)

Blenheim, May 22.

An interesting point with regard to the maintenance of a wife was disposed of by Mr T. E. Maunsell, S.M., at the Magistrate’s Court dealing with an information against Thomas Stacey, alleging failure to observe the terms of a maintenance order in his wife’s favour and an application by him for variation of the order. Counsel contended that the maintenance order in this case had been automatically discharged by reason of the fact that the parties, since the making of the order, cohabited for a short period. In support of this view counsel had quoted an English case, but that case his Worship said was a decision under corresponding English legislation. Mr Justice Salmond had held that the rule was difficult in New Zealand and that although subsequent cohabitation discharged the separation order, it did not affect the maintenance order. His Worship therefore held that the maintenance order against Stacey was still in force. His Worship also declined to vary the order and allowed costs in this matter against Stacey. Defendant was .convicted of failure to observe the terms of the order and was sentenced to a month’s imprisonment, the warrant to be suspended so long as he pays the amount due under the order, plus 15/per week off the arrears.