In the Matter of the Insolvency of J. G. De Silva.

In the Matter of the Insolvency
of J. G. De Silva.

D. C., Galle, 266.

 

Decree for alimony-Arrest there under-Insolvency-Release of insolvent -Discretion of Court with regard to it.

Under a writ in execution of a decree requiring a husband to secure alimony to his wife, it is irregular to arrest him.

He cannot be adjudicated an insolvent on the alimony due as a debt, for it is not a debt provable in insolvency.

It is in the discretion of the Court to allow the immediate release of a man absolutely or on conditions after he is declared insolvent, but where it refused to grant an insolvent his release on the ground that he was under arrest for alimony, held, that this reason, was unsound, and the order of refusal could not stand.

IN an action against the above named insolvent by his wife for a separation a mensa et thoro, the insolvent had been condemned to restore to his wife certain articles of jewellery or to pay her their value, and to secure to her certain sums of money for past and future alimony, and to pay her costs of suit. In execution of that decree the insolvent had been arrested and commit

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