1929-11-26 — Page 2

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HONGKONG - TELEGRAPH, TUESDAY, NOVEMBER 26, 1929.

MAN AND WIFE.

CLAIM FOR MAINTENANCE

AGAIN" ADJOURNED..--

The dispute between Lal Tin- fook, a contractor, and his wife, following differences of opinion on the marriage of their daughter, was again before Mr. W. Schofield at the Kowloon Magistracy yester-. day, when further evidence taken.

WAS

Mr. F. C. E. Rendall appeared for the wife, while Mr. J. M. Remedios represented the defen- dant.

The eldest son of the couple, Lai Sal-fa, was called to give evidence in support of the testimony of his mother. The witness mentioned that he was formerly employed by his father but was now unemploy- ed and living with his grandmother. Ha corroborated the complainant's evidence with regard to the in- cident at the defendant'a house after his mother's return from Shanghai on October 10...

A group photograph taken af á wedding was produced by Mr Rendall, at whose request the wit- ness Identified his sister as the bride and his mother. Witness 140 recognised the photograph of his sister in a Shanghui paper.

Mr. Rendall intimated that he had produced the photograph as presumptive evidence of the wed ding of the daughter, to a man j Shanghai. He was unable to ob tain the marriage certificate but understood that Mr. Remedios would admit that the wedding had taken place.

Mr. Remedios: It is a photo- graph of the daughter, but whether It is a photograph of the wedding I can't gay. It looks like it, but that's all I can say. They, mar be all dressed up for the purpose.

Replying to Mr. Remedios, the witness denied that his mother had afery temper His father had disapproved of the daughter's marriage to the man in Shanghat.

Submissions by Defence.

The case for the complainant bay- ing closed. Mr. Remedios sub- to mitted that, he had no case answer. He drew attention to Section 3 of the Ordinance under which the summons' was brought and pointed out that every married woman was. entitled to maintenance only if her husband deserted her or had been guilty of consistent cruelty or wilful neglect to provide" reasonable maintenance.

Mr. Remedios argued that ac cording to that section the husband. had to be guilty of wilful neglect before the wife could claim main- tenance. He differentiated be tween neglect by the husband and neglect by the wife and pointed but that, according to the son's evidence, the father had disap- proved of the daughter's marriage to the Shanghai man.

Mr. Remedios then mentioned that according to Chinese customs neither a kit fat nor a tin fong wife had authority to give consent to the marriage of a daughter with out the consent of the father,

Mr. Remedios asked his Worship to disbelieve the evidence of the complainant. He pointed out that she had lied in respect of her evi dence that the husband had con- sented to the daughter's marriage, and if she could lie in one instance then whatever she said after could not carry any particular weight.

Wife's Dhobedience.

In conclusion, Mr. Remedios pointed out that the wife had been disobedient to the orders of her husband in that she had married her daughter to a man in Shanghai against the defendant's wishes.

His Worship agreed that the complainant had been disobedient to the express orders of her hus- band, but did not think that mere

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Mr. Rendall that the parties had ir a meeting between them. Wir had never had reason to be sus- the Secretary for ass got suspicious and spoke to his picious of his wife's behaviour. been before Chinese Affairs but the husband wife about it. She admitted that she Referring to the incident at the had refused to have anything to do had been at fault and promised that end of the past year, witness said with the wife at all.

It would not occur again.... Mr. Remedios mentioned that he Continuing, witness said that had not been present at the inter-sometime last year the complainant view, but understood that the wife had been in the babit of going out claimed $500 maintenance.

often and during the latter part of the year had stayed out until the sum?arly hours of the morning.

His Worship: As a lump Mr. Remedios: No; a month.

f...

Defendant Gives Evidence.

RUBBER PROBLEM.

DUTCH OPINION DISAPPOINT-, ED WITH THE RLGA.

Amsterdam, Nov, 25.

that he merely spoke to the com- plainant about her conduct but had never taken any legal proceedings. He denied that the reason for not aking action was because.be could The Telegraaf publishes a state- hot prove misconduct. One of the ment, "emanating from rubber clr- reasons he did not take action wasles," expressing disappointment to save "face."

that the Rubber Growers' Associa-

5

.4

Witness again spoke to her about In reply to further questions. tion has not produced a plan with In reply to his Worship, Mr. her conduct and the following day witness denied that on one DC- a reasonable expectation of in- Rendall said that the sum of $500 she left the house with the daughter casion he absconded to Canton to provement in the situation, and er had been mentioned but there had and daughter-in-law, returning escape his creditors and that his pressing the opinion that restric beer no counter offer from the de- about eight months' later. On her wife subsequently borrowed money tion of production offers the only fendant. Mr. Rendall remarked return, witness demanded an ax from the father of the man who was solution, recommending the As- that a plaintiff always put in for aplanation of her behaviour but realleged to have been on friendly sociation to concentrate on accaring ceived no reply. After a dispute terms with her, to repay the de- the co-operation and goodwill of high claim.

witness told his wife to regard her fendant's debts.

Individual producers for this pur- husband as a man of the past and Witness further denied allega pose-Router, The defendant was then called.

tions of relationship with the amah The eldest son then interfored during his wife's absence in Shang- After answering preliminary ques tions regarding his marriage to the and putting his arms round his haf. complainant, he denied that he was mother told witness that he had no

never bean The son was told to leave.

also hanny with the complainant; who Conduct Not Suspicious. was always arguing,

to leave the house.

E

disobedience was so serious as to unemployed at the time of his right to order her out of the house. next Monday, Mr. Remedios in

prevent her from claiming main tenance.

Els Worship asked if there had been any attempt to arrive at a settlement, and was informed by

SALESMAN SAM

marriage. He had

Witness mentioned that in 1908

Answering Mr. Rendall, witness he found a letter written by his said that since the incident 20 yeara wife to a man named Chan, arrang ago and her conduct last year he

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Before the case was adjourned

timated that he proposed to call Mr. Hin-shing Lo to give expert evidence on Chinese customs on the question of whether a wife was en- itled to maintenance if she were guilty of gross disobedience.

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