Lewis v Lewis

JurisdictionIreland
CourtHigh Court
Judgment Date08 December 1940
Date08 December 1940
Lewis
and
Lewis

Absolute covenant by husband to pay wife sum for maintenance -Action by wife for arrears of maintenance -Adultery by wife - Divorce a mensa et thoro obtained by husband - Right of wife to recover arrears - Defence of wife's adultery - Effect of absence of dum casta clause in separation deed -Whether allowance of wife's claim contrary to public policy or to the Constitution of Eire, Art. 41.

Under a separation deed, which had no dum casta clause, a husband covenanted topay a monthly...

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3 cases
  • K v K
    • Ireland
    • High Court
    • 12 February 1988
    ...from claiming the relief sought in the petition: ~Courtney v. Courtney~ [1923] 2 I.R. 31; 57 I.L.T.R. 42 applied and ~Lewis v. Lewis~ [1940] I.R. 42; 74 I.L.T.R. 170 considered - Succession Act, 1965, s.120 - (1986/4 M - MacKenzie J. - 12/2/88) |K. v. K.| HUSBAND & WIFE Separation Deed ......
  • N (C) v N (R)
    • Ireland
    • Circuit Court
    • 9 February 1995
    ...SEPARATION & FAMILY LAW REFORM ACT 1989 S43 K V K 1988 IR 161 COURTNEY V COURTNEY 1923 2 IR 31 ROSS V ROSS 1908 2 IR 339 LEWIS V LEWIS 1940 IR 42 TOMKINS V TOMKINS 1948 P 170 JEFFREY V JEFFREY 1952 1 AER 790 YOUNG V YOUNG 1962 P 27 D (H) V D (P) UNREP SUPREME 8.5.78 1978/4/ D (J) V D (B) 19......
  • C.M. v C.J.
    • Ireland
    • High Court
    • 6 July 1982
    ...Order 70 Rule 55 of the High Court Rules and completely different considerations arise in it. 21 I was also referred to Lewis .v. Lewis (1940) I.R. 42 and Ormsby .v. Ormsby 79 I.L.T.R. 92. The former case was a decision of the High Court arising from a claim for arrears of maintenance payab......