DIVORCE BY FORCE SAID JEWISH WIFE.

Star (Christchurch), Issue 17882, 25 June 1926, Page 2

DIVORCE BY FORCE SAID JEWISH WIFE.

STRANGE MELBOURNE CASE IS BEGUN. (Special to the “Star.”) MELBOURNE, June 8. A remarkable story of an alleged attempt to force her to submit to a divorce, according to Jewish ecclesiastical law, was told in a writ taken out by Rachel Rosenbaum, of Canning Street, Carlton, which came before Mr Justice Schutt in the Practice Court to-day. The writ was directed to Mrs Rosenbaum’s husband, Jacob Rosenbaum, orchardist, formerly of Shepparton, but now of Palestine. Mrs Rosenbaum claims an equal share with her husband in an orchard at Shepparton, and she was given permission to serve her writ on the defendant in Palestine. “ Both plaintiff and defendant,” the writ states, “ are members of the Jewish religion. On August 8, 1921, defendant was the beneficial owner, under the provisions of the Closer Settlement Act, 1915, of a leasehold estate at Shepparton. By an agreement dated August 8, 1921, defendant, as beneficial owner, charged the land with a sum equal to half of the fair market value in favour of plaintiff absolutely, and covenanted that if he transferred or mortgaged the land after the expiration of six years of the period of the lease, he would forthwith pay to plaintiff half of any moneys received by him. ATTORNEYS APPOINTED. “ Defendant further covenanted that if he obtained a grant in fee simple of the land after the first twelve years, he would cause such grant to be issued to himself and the plaintiff as tenants in common in equal shares. By an agreement, partly oral and partly in writing, between plaintiff and defendant in May, 1925, it was agreed that during the absence of the defendant from Australia in Palestine, plaintiff should reside upon the land, and manage it as an orchard, and should pay wages and buy implements out of her own moneys. “ It was agreed that plaintiff should receive repayment of the moneys so expended out of the proceeds of the sale of fruit, and should also receive half of the annual net profits from the orchard. Plaintiff lived on the land until December, 1925, and expended out of her own moneys £234. " By a power of attorney made in Palestine on July 16, 1925, and filed in Victoria, defendant appointed his brothers, Benjamin and Joe Rosenbaum, of Shepparton, as his attorneys to act

jointly in the management of the orchard and the sale of fruit, and empowered the attorneys to sell, mortgage or lease the land. He directed his attorneys to pay to plaintiff half of the yearly income from the property as well as of the proceeds if the final sale. “ In December, 1925, in breach of the agreement, defendant, by his attorneys, wrongfully expelled plaintiff by force from the land, and the attorneys had refused to pay to plaintiff any moneys obtained from the sale of fruit. Defendant had deserted plaintiff and had no intention of returning to Victoria. “ Defendant is desirous of obtaining a divorce from plaintiff in Palestine according to the Law of Moses and Israel, in order that he may lawfully remarry there. THE BETH DIN. “ About April or May, 1926, defendant, by his attorneys, requested plaintiff to appear before the Jewish Beth Din (local ecclesiastical court) in Melbourne, and go through a ceremony recognised by members of the Jewish religion, and known as accepting a 4 get ’ by virtue of which defendant could divorce plaintiff and lawfully remarry in Palestine. “ The attorneys have threatened plaintiff that if she does not accept a 4 get ’ they will not pay her £234, or half of any monies obtained by them from the sale of the land. Plaintiff refuses to appear before the Beth Din and accept a ‘ get.’ “ The attorneys have endeavoured to sell the land, but the negotiations did not result in a sale.” Mrs Rosenbaum claims an injunction to restrain her husband or his attorneys from mortgaging, or parting with the land without her consent, a r d an order that the title to the land be handed to a receiver. Alternatively she asks for a transfer of the land to herself and her husband as tenants in common, in equal shares, and £234.