PAYMENT OF MAINTENANCE

Evening Star, Issue 22721, 7 August 1937, Page 11

PAYMENT OF MAINTENANCE

ORDER AGAINST HUSBAND REDUCED SUPREME COURT JUDGMENT Judgment has been given by His Honour Mr Justice Kennedy in the case of an application for the reduction of maintenance payments pursuant to an order of the court made on December 4, 1935. At the hearing the petitioner, David Donald, was represented by Mr J. M. Paterson, and the respondent, Jane Bell Donald, by Mr P. M. Hanan. , “ The order then made was expressed to be until the court shall earlier otherwise order,” said the judgment. “ Apart from this the court has jurisdiction under section 41 of The Divorce and Matrimonial Causes Act, 1928. The power of the court is to increase or reduce the amount as -the court thinks fit. This gives the court an unfettered discretion. The discretion, however, is judicial, to be exercised not capriciously but upon substantial grounds. The discretion of the court is unfettered save by the rules of justice, propriety, and good sense. “ The court is entitled to look at all the circumstances. Since the order was made the husband’s earnings have increased, but he has now to proyide for his wife. On the other hand the former wife is in employment for the time being earning wages subject to certain deductions. The only comment I need to make is that one deduction is only if she pleases. The wife’s ability, quite contrary to that suggested in the earlier proceedings, to earn is substantial. Although I disbelieved , the previous suggestion it is in fact somewhat greater than I had previously allowed for, I allow for the possibility of reasonably short periods when she may not be in work. I endeavour to take in all the circumstances and to rely upon the facts as they are shown to be. I think the order should be reduced as from the date of this order to 18s a week payable during the joint lives of the parties or until the court shall earlier otherwise order. An order is made accordingly, and the former husband will pay the former wife for costs the sum of £3 3s and disbursements ”