High Court of Australia
Appl Sarich ¥ Brees. (ET WAR
H. C. or A.
1955.
eee Perr,
Sept. 13, 14.
Fullagar, Kitto and Taylor JJ.
HIGH COURT (1955.
(HIGH COURT OF AUSTRALIA.]
HOXG: : : é é 5 . : és APPELLANT ; PLAINTIFF, AND BURVILL AND OTHERS : 5 i . RESPONDENTS. DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.
Testator's Family Maintenance—Provision for former wife—' Widow" —* Any
woman who has been divorced by or from her husband and who at the date of death of such husband was receiving or entitled to receive permanent maintenance from such husband by order of the court" —Divorced wife receiving secured maintenance under indenture as ordered by court—Whether "by order of the court" —Whether from such husband" —Whether "permanent maintenance —Testator's Family Maintenance Act 1939-1944 (W.A.), 88. 2, 3.
Section 3 of the Testator's Family Maintenance Act 1939-1944 (W. upon a widow of a testator (inter alios) a right to apply to a judge of the Supreme Court of that State for an order for maintenance out of the estate of such testator, where the testator has by his will failed to make adequate pro- vision for her proper maintenance. By s. 2 of such Act the word " widow " is extended to include " any woman who has been divorced by or from her husband and who at the date of death of such husband was receiving or entitled to receive permanent maintenance from such husband by order of
.) confers
the court."
Held, that an order for maintenance can only be made under s. 3 in the case of a woman applying in reliance upon the extended definition of " widow "" in s. 2, where the right to payments of maintenance received by such woman subsists by direct force of an order of the court imposing upon the husband an obligation to make such payments.
'A decree nisi for dissolution of marriage ordered (inter alia) that the petitioner husband should make such provision for the maintenance of the respondent wife as appeared in an indenture executed between the husband, the wife and one Attewell as trustee on 16th August 1946. Such indenture
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