FACTS
The defendant (husband) and plaintiff (wife) were married couple who stayed in Ceylon where the defendant worked. During 1915 they both returned to England due to leave, the husband advised the plaintiff not to return due to deterioration in her health and promised her that he would send her £30 per month. The plaintiff brought a suit against her husband due to failure in payment as their relationship deteriorated while living apart. The lower court held that the agreement between the parties constituted a contract.
ISSUE
Whether the husbands promise to pay £30per month constituted a contract which could be sued upon?
JUDGMENT
The court recognized that certain forms of agreements do not reach the status of a contract and the agreement between the husband and wife is such form of agreement which is often termed as allowance and these agreements are not contracts because the parties did not intend that they should attended by legal consequences.
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