Adair v. Adair [1924] ScotLR 553 (21 June 1924)

Adair v. Adair [1924] ScotLR 553 (21 June 1924)

Section 4 of the Married Women's Property (Scotland) Act 1920 applies to interim aliment, and the court may award interim aliment to an indigent husband if prima facie evidence shows the statutory conditions are met. The Lord Ordinary had sufficient material to exercise discretion and make the award.

Citation
[1924] ScotLR 553
Parties
Pursuer: Mrs Jessie Forbes Simpson or Adair; Defender: James Adair
Jurisdiction
Scotland
Judgment Date
21 June 1924
Procedural Posture
Action of Separation / Reclaiming Note (appeal) Against Interlocutor Awarding Interim Aliment
Outcome
Reclaiming note refused; interlocutor awarding interim aliment adhered to.
Legal Topics
Husband and Wife, Aliment, Interim Aliment, Married Women's Property (scotland) Act 1920
Family Law Husband and Wife Aliment Interim Aliment Married Women's Property (scotland) Act 1920

Case Brief

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Parties

Mrs Jessie Forbes Simpson or Adair

Pursuer

James Adair

Defender

Procedural Posture

Action of Separation / Reclaiming Note (appeal) Against Interlocutor Awarding Interim Aliment

Legal Issues

  1. 1 Whether section 4 of the Married Women's Property (Scotland) Act 1920 applies to interim aliment for an indigent husband in an action of separation brought by the wife
  2. 2 Whether sufficient prima facie evidence existed to justify an interim award of aliment to the husband

Ratio Decidendi

Section 4 of the Married Women's Property (Scotland) Act 1920 applies to interim aliment, and the court may award interim aliment to an indigent husband if prima facie evidence shows the statutory conditions are met. The Lord Ordinary had sufficient material to exercise discretion and make the award.

Court Disposition

Reclaiming note refused; interlocutor awarding interim aliment adhered to.

Orders

  • Pursuer to pay defender 10 shillings weekly as interim aliment.