The Archive · 1935

Husband's Persistent Cruelty

Judgment in the case of Nadia O2or:0 vs, Alvaro Ozdrio was given by the Registrar, Mr. C. H. Haines, in -M. Police Court on Saturday mor for the complainant, Mrs. Nadia fo. An order was made that the complainant "should have the custody of her daughter up to the age of sixteen; that the defendant inhauld pay the' sum of $30 a week, provided its sterling equivalent did of exceed the sum of £2.10; and that the defendant should pay the sum of $75 to the legal practitioners of the complainant. Mr. A. E. Seddon Messrs. Platt, White-Cooper & Ca., Tepresented the complainant, and Mr. KO. Newman of Messrs. "Teesdale, Newman & Ca,, the defendant, Commenting on the evidence given im the case the Registrar said he Was satisfied that there was a-serious act of cruelty on February 4 of this year and no dispute was made of a Dlow struck by the defendant, who himself admitted it to be "pretty hard' The Registrar said he did not think the provocation was sufficient to excuse the blow.

He also found that the blow struck by the defendant on January 1 was tone that amounted to an act of cruelty and was not excusable by Provocation on the part of the com-

Turning to two further incidents in July and September 1990, the Registrar said he thought that the Punishment given by the defendant fo his wife was inexcusable in both cases.

"Tam further satisfied;" the Registrar said, "that the defendant is aman of violent temper, and I have come to the conclusion. that the complainant was in bodily fear of him." The times she left her husband, the Registrar added, were caused through fear of her husband and the evidence establishes that there was persistent cruelty on the part of the husband.

The Registrar said he was not going to make a non-ce-habitation order in view of the husband's statement in the witness box that he did not wish his wife to return to him.

On the custody of the child, the Registrar said he was making th order in favour of the mother because, he thought, in the interest of the child It waa better for her to be in the care of her mother. Of the $80 1 week to be paid by the defendant to his wife, $24, provided it did not exceed the equivalent of £2, was to go towards the maintenance

Text read from the printed page and cleaned; old type leaves the occasional error.

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