Married Womens Protection Act 1896 (SA)

ANNO QUINQUAGESIMO NON0 ET SEXAGESIMO

A.D. 1896.

No. 664.

An Act relating to the Summary Protection of

Married Women.

[Assented to, December q t h, 1896.1

E it Enacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

1. This Act may be cited as " The Married Women's Protection Shod title.

Act, 1896,"

2. Any married woman whose husband during the preceding six ~ v m r n q relief to

months shall have been guilty of- married women.

(a) Cruelty to her or any of her children; or

( b ) Adultery; or

( c ) Desertion; or

( d ) Wilful neglect to provide reasonable maintenance for her or

any of her children-

may apply for summary protection under this Act, and the same

may be ordered accordingly.

3. In this Act '' children " means "children under the age of AP lioation+of not to

eighteen years." chi ! dren.

4. All Courts of Summary Jurisdiction which include a Special Comtitutionof Court*

Magistrate and two Justices of the Peace shall have jurisdiction under this Act, but no order shall be made under this Act unless. a Special Magistrate and two Justices of the Peace shall join in the hearing of the application and the making of the order.

8-664 5. Any

2 59' & 60" VICTORIW, No. 664.

The Married Women's Protectim Act. -1 896.

Pmviaiona 5. Any order for protection under this Act may-

r. Relieve the applicant from any obligation to cohabit with

her husband:

n, Grant to the applicant the legai custody of her children:

rm Direct the husband to pay to the applicant personally, or for her use, to any officer of the Court, or third person on her behalf, such weekly or other periodical sum as the Court shall, having regard to the means both of the husband and the wife, consider reasonable for the maintenance of herself and also of all children (if any) whose custody is granted to her, such sum to be secured in such manner (if any) as may be directed by the Court.

Extent of orders. 6, Any one or more of the matters rnentioncd in sections two

and five may be dealt with in or by thc same information or order,

coats.	but costs may be ordered against any informant in respect of any matter of complaint charged in the infbrmation and not established at the hearing.
No order to be made
if married woman	7. No order shall be made under this Act on the application of a married woman if the adultery complained of has been condoned and not revived, or if it shall be proved that the applicant is of drunken habits or has conlmittcd adultery: Provided that the husband has not condoned, or connived at, or, by his cruelty, wilful neglect, or misconduct, conduced to such adultery or drunken habits.
guilty of adultery.

~ o t to affect order8 of 8, No order under this Act shall affect the order of any Court of

superior Courts.	superior jurisdiction.
marriage.

Orders not to d e o t	9, No order under this Act shall dissolve any marriage.
Orders to have effect	10, Every order for relief from the obligation to cohabit whilst in

Of judicM waration.	force shall have the effect in all respects of a decree of judicial
separation.

Proof of wilful 11, On proof, on any application under this Act, that the husband

neglect.

has omitted to supply reasonable maintenance wilful neglect shall

be presumed, unless the husband shall prove the contrary.

may vary or dia-

Special Magistrate 12. Any Court of Summary Jurisdiction constituted as herein-

charge order.	before mentioned may, on the due application of a married woman or of her husband, and upon cause being shown upon fresh evidence to the satisfaction of such Court, at any time alter, vary, or discharge any such order, and may, upon any such application,
increase or diminish the amount of any payment ordered,

Order to be discharged 13, If any married woman upon whose application an order shall

adulbq of have been made under this Act shall voluntarily resume cohabitation

On or ~ ~ m p t i o n proof

cohabitation.	with her husband, or shall commit adultery, such order shall, upon
application and proof, be ordered to be discharged.

14. Applications

59' & W VfCTORIW, No. 664.

me Murried Wmm's Protection Act.-1896.

14. Applications under this Act shall be made by information, ~mcdun.

and the provisions of all laws relating to summary proceedings before Justices shall apply to all such applications and informations, and to the enforcement of orders and the recovery of penalties under this Act, and to all proceedings in respect thereof, except as modi- fied by this Act or any prescribed form.

offence involving cruelty to his wife or children, an application for relief, 15. In case of the conviction of a husband in any Court for any Imrneaii order for

protection under this Act may, by leave of the Court, be heard

immediately after such conviction without any summons.

16. If any husband shall fail to comply with any order for main- ~enalty fm dL-

tenance under this Act, or shall molest or interfere or attempt to obedience of order.

molest or interfere with his wife in her manner of living contrary to

any order for relief from cohabitation, or shall molest or interfere

or attempt to molest or interf'ere with any child contrary to any

order for custody, he shall be guilty of an offence against thie Act,

punishable by a fine not exceeding Ten Pounds, or by imprisonment

with or without hard labor not exceeding two calendar months.

17. There shall be an appeal from any order, or any order ~ p p e a l.

varying or discharging any order, or refusal of an order under this -4ct, and such appeal shall be to the Local Court of Adelaide in its Full Jurisdiction, constituted of a Judge of the Supreme Court,

18, The forms in the Schedule may be used in accordance with ~ormr.

the notes thereto, and shall be valid and sufficient for the purpoees

of this Act,

19. Na minute of any order need be served on any defendant ~inute.

for the purposes of this Act.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

T. F. BUXTON, Governor.

THE

59* & 60" VfC?'ORIW, No. 664.

T!s Married Women's Protection Act .1896.

South [Royal Arms] Australia.

" The Married Women's Protection Act, 1896."

Information.

The information of states that llcr husb.and (a) has been guilty

of-

I. Cruelty to informant on the day of 18 , at (d) and on

the day of 18 , a t ( d ):

n. Cruelty to ( h ) and ( h ) children of the informant, on the day

of at (d) and on the day of 18 , at (d ) :

III. Adultery with (c) on the day of 18 , at (G?), and

with (c) on the day of 18 , at ( d ) :

IT. Desertion on the day of 18 :

v. Wilful neglect to provide reasonable maintenance for informant on the

day of

vr. Wilful neglect to provide reasonable maintenance for informant's children (6;

and ( b ) on the day of 18 :

And the icformant applies for summary protection under the Act.

[Signature of Informant.]

Laid before me at , this day of 18 .

, Justice of the Peace.

NOTE.-

(a) Fill in name, address, and occupation of husband,

( h ) Fill in names of children.

(c) Fill in, if known, the names of persons with whom the adultery is charged.

(d) Fill in places.

Strike out all references to matters of complaint which are not intended to be established.

South [Royal Arma] Australia.

The Married Women's Protection Act, 1896."

Summons.

As information has been laid by your wife that you have been guilty of [here copy the matter of complainl as set out in the iniormation], you are summoned to appear on at at o'clock, bgfore the Court of Summary Jurisdiction there sitting to answer an application for protection' under

the Act.

Given under my hand at this day of 18 ,

before me

J.P.

South

VICTORIE, No. 664.

The Married W o ~ e n ' s Protection Act. -1 89 6.

South [Royal Arms] Apstralia.

" The Married Women's Protection Act, 1896."

Order.

On the application of (a) for protection under this Act, the Court finds that her

husband ( h ) has been guilty of-

Cruelty to her on the ( d ) day of

Cruelty to her children on the ( d ) day of

Adultery on the ( d ) day of

Desertion on the day of

Wilful neglect to proride reasonable maintenance for her on the day

of

Wilful neglect to provide reasonable maintenance for her children (c) on the

day of

The Court doth [here set out order in one or more of folZotuing paragraphs, as the

case may repire]-

I. Relieve the informant from any obligation to cohabit with the said [here set out Christian and surname of husband_] :

11. Grant to informant the legal custody of her children ( c ) :

III. Direct the said [Christian and surname of husband] to pt~y to here set out

i~bformant or wnme of other persou to zohorn money is to be paid f the sum of

[here set out amount] per rhere set out week or other period], such sum to be paid to the said [name ofperson to whom money is to be paid] on [here set out day on which motley is to bepaid, if so ordered] for the maintenance of

the said informant [and, if c~istody o f children granted, add	and of
her children whose custody is granted to her." J

Dated at this day of 18 .

Special Magistrrate.

NOTE.--

(a) Fill in name and address of complainant.

( b ) Fill in name, address, and occupation of husband.

( c ) Fill in names of children.

( d ) Fill in dates and places.

Adelaide 13y authority, C. E. BEISTOW, Government Printer, North-terrsce.

B-664