EX-WIFE WINS APPEAL

Gisborne Herald, Volume LXXV, Issue 22585, 13 March 1948, Page 4

EX-WIFE WINS APPEAL

MAINTENANCE PAYMENTS REDUCTION UNJUSTIFIED (P.A.) WELLINGTON, March 13. On September 12, 1947, the Court of Appeal heard an appeal brought by Peggy Armstrong Coutts, of Wellington, against the decision of Mr. Justice Johnston, in October, 1946, which reduced the amount of maintenance payable to her by her former husband, Douglas Evelyn Coutts, of Auckland, soldier. The maintenance was payable under an agreement for separation entered into by the parties three years before their divorce. Mr. Justice Johnston had held that he was entitled to vary the amount of maintenance payable as a result of the agreement and the circumstances of the particular case warranted his doing so. The Court of Appeal, in a reserved judgment, agreed that it was competent for a judge of the Supreme Court to review and vary, after divorce, a provision as to maintenance contained in a senaration agreement executed during the marriage, but that the circumstances of this case did not justify the reduction.

The appeal was accordingly allowed, with costs.