THE RIGHTS OF DESERTED WIVES.

A legal correspondent writes to us on this subject as follows:

‘It has long been felt to be a defect in the English law that if a man

deserted his wife without any cause or otherwise, she had no direct

remedy against him in respect of the expense of her maintenance and the

bringing up of the children (if any) of the marriage. In case the wife

so deserted could carry on any business, or in any other way acquire

the means of livelihood, she could obtain a protection order so early

as the year 1858, long before the passing of the first Married Women’s

Property Act. But if she were not so fortunately situated, and had

no near relatives to whom she could look for assistance, she must go

into the workhouse, and leave the poor-law officers to look after her

husband. This has often been productive of great hardship, for it is

no light thing for a woman delicately nurtured to become an inmate

of the refuge for the destitute. But by an Act passed in the recent

session, this defect has been remedied to a considerable extent in an

easy and practical way. Thus, if an innocent woman has been deserted by

her husband, she may have him summoned before any two justices of the

peace in petty sessions or any stipendiary magistrate; and thereupon,

if the justices or magistrate should be satisfied that the husband,

being able wholly or in part to maintain his wife, or his wife and

family, as the case may be, has wilfully refused or neglected so to

do, and that he has deserted his wife, they or he may order that the

husband pay to his wife such weekly sum not exceeding two pounds as

may be considered to be in accordance with his means, taking also into

account any means which the wife may have for the support of herself

and family, if any. Power is given for the alteration of the order

whenever it should appear to be necessary or just, in case of any

alteration in the circumstances of the husband or of the wife. And any

such order may be discharged on the application of the husband, if it

should appear just to do so. Writers in some of the legal journals have

expressed the opinion that this change in the law goes too far; but the

present writer has long advocated such a change, and it appears to be

altogether an improvement upon the previous state of the law in this

respect.’

Chambers's Journal of Popular Literature, Science, and Art, fifth series, no. 139, vol. III, August 28, 1886 · 第 18 / 22 题