*Mills v Mills

Husband and wife – Maintenance. The judge had clearly been entitled to decline to vary the order for periodical payments so as to require the husband to pay all of the wife's rent, even if he could afford to do so, in circumstances where the wife had exhausted the capital awarded to her by entry into a series of unwise transactions thereby developing a need to pay rent. The Supreme Court so held having considered and approved three earlier decisions of the Court of Appeal, Civil Division, to the same effect. Consequently, it allowed the husband's appeal against the Court of Appeal's order for upwards variation of an order for periodical payments made against him in favour of the wife.

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