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Cumming v Cumming

Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1942
Date01 January 1942
CourtRecorder’s Court (Northern Ireland)
(Rec. Ct., N.I.),
Cumming
and
Cumming

Married Women (Maintenance in case of Desertion) Act, 1886 (49 Vict., c. 52) - Subsequent divorce on petition of wife - Re-marriage of wife after dissolution of first marriage - Discharge of order - Effect ofdivorce and re-marriage.

Dissolution of a marriage by a decree absolute of divorce does not ipso facto discharge a maintenance order previously obtained by a wife under the Married Women (Maintenance in case of Desertion) Act, 1886, even though the wife after dissolution of first marriage may have re-married. C. was married in 1931. There were two children of the marriage. In 1937 an order was made under the Married Women (Maintenance in case of Desertion) Act, 1886, fixing a weekly amount to be paid by C. to his wife. No application to fix alimony was made in the divorce proceedings, nor was any order for maintenance made. Shortly after the dissolution of her first marriage the wife re-married. In these circumstances an application was brought by C. claiming that the dissolution of the first marriage and his wife's subsequent re-marriage discharged the maintenance order made in 1937...

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