Bradley v District Justice for Bray

• Jurisdiction: Ireland
• Judgment Date: 28 June 1932
• Date: 28 June 1932
• Court: High Court (Irish Free State)

Bradley v. District Justice of Bray

THE STATE at the prosecution of ERNEST H. BRADLEY

and

THE DISTRICT JUSTICE IN AND FOR THE DISTRICT COURT AREA OF BRAY, Respondent (1)

High Court.

Husband and wife - Husband ordered to pay weekly sum for maintenance of wife - Neglect to comply with order - Order for committal - Married Women (Maintenance in case of Desertion) Act, 1886 (49 & 50 Vict. c. 52),sect. 1 - Act making orders for maintenance enforceable in same manner as payment of money under an order of affiliation - Affiliation orders unknown in Ireland at time of passing of Act - Order for committal made without jurisdiction.

Sect. 1 of the Married Women (Maintenance in case of Desertion) Act, 1886 (49 & 50 Vict. c. 52) provides:—

"1. From and after the passing of this Act it shall be lawful for any married woman, who shall have been deserted by her husband, to summon her husband before any two Justices in petty session or any stipendary magistrate, and thereupon such Justices or magistrate, if satisfied that the husband, being able wholly or in part to maintain his wife or his wife and family, has wilfully refused or neglected so to do, and has deserted his wife, may order:

(1) That the husband shall pay to his wife such weekly sum not exceeding two pounds as the Justices or magistrate may consider to be in accordance with his means and with any means the wife may have for her support and the support of her family, and the payment of any sum so ordered shall be enforceable and enforced against the husband in the same manner as the payment of money is enforced under an order of affiliation. . . ."

At the date of the passing of the Act the Irish Courts had no jurisdiction to make or enforce an order of affiliation, accordingly the High Court held that sect. 1 of the Act did not confer jurisdiction on Justices or magistrates in Ireland to enforce orders made under it.

Therefore where a District Justice had made an order under the section that a husband should pay a weekly sum to his wife, and had, on default of the husband paying the said sum, made an order for the committal of the husband:

Held that the order for committal was made without jurisdiction, and, accordingly, it was quashed on certiorari.

Certiorari.

Upon the complaint of one, Jane Bradley, a summons under the Married Women (Maintenance in case of Desertion) Act, 1886 (49 & 50 Vict. c. 52), was issued on the 23rd January, 1931, against her husband, Ernest H. Bradley, who was then resident at Ballybawn House, Kilmacanogue, Co. Wicklow. The summons having set out that the said defendant, being the lawful husband of the said complainant, and being able wholly or in part to maintain her and her family, had wilfully refused or neglected so to do, and had deserted his said wife, required the defendant to show cause why he should not pay to

the complainant, his said wife, such weekly sum not exceeding £2 as the District Justice might consider to be in accordance with his means and the means that his said wife...