HC Deb 13 March 1930 vol 236 cc1464-5
20. Sir G. BOWYER

asked the Secretary of State for the Home Department whether he is aware that a separation order under the Summary Jurisdiction (Married Woman) Act, 1895, providing for weekly payments by a man to his wife, has been held to be enforceable and the man committed to prison if default is made in payment under such order on the application of a collecting officer appointed by the Court where the wife is residing permanently abroad, and without the right to apply for the payment under the separation order being reviewed on the ground of the husband's means having been reduced since the date of the order; and whether he will take such action, by legislation or otherwise, as will prevent a wife permanently resident out of the jurisdiction of this country from having the right to enforce an order for maintenance against her husband resident in this country unless and until she herself permanently resides here?

The SECRETARY of STATE for the HOME DEPARTMENT (Mr. Clynes)

If a husband has deserted his wife and a maintenance order has been made against him, I see no reason why the order should not be enforced even though his wife has gone abroad. I would remind the hon. and gallant Member that the enforcement of the order is a matter in which the Justices can and do exercise discretion.

Sir G. BOWYER

Is the right hon. Gentleman aware that in some cases the man who has gone abroad has actually died and yet the order is enforceable in this country?

Mr. CLYNES

If there is any such case, I shall be glad to have information of it.