‘No woman, no cry’

5 May, 2015
by: Cripps Pemberton Greenish

No priority is to be given to a first or second wife, say the Privy Council in a Jamaican case last month. A first wife applied to increase her ongoing maintenance payments. Her former husband had remarried. The Court of Appeal had decided that a husband could not be required to maintain his first wife indefinitely, especially as he had remarried. The Court of Appeal had replaced the ongoing maintenance payments with a final lump sum payment. The Privy Council said that decision was wrong; and, applied the English law principle that although the first wife’s claims should not take priority, neither should his second wife’s claims. The Privy Council sent the first wife’s case for increasing her ongoing maintenance payments to the Supreme Court to be re-heard and ordered there to be ongoing interim maintenance payments made by the husband to her meanwhile.