Lewis v Lewis
| Jurisdiction | Ireland |
| Judgment Date | 08 December 1940 |
| Date | 08 December 1940 |
| Court | High Court |
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 sum to his wife for her maintenance. The allowance was paid for several years and then fell into arrear, whereupon the wife issued a summons for the amount of the arrears. In his affidavit, filed by way of defence, the husband alleged that his wife was living in adultery. Before the summons was heard, the husband filed a petition for divorce a mensa et thoro on the ground of the alleged adultery of his wife, and when the wife's summons came before the Court, the hearing was adjourned until the termination of the divorce proceedings. In the divorce proceedings the...
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