Key legal question
Whether clause 3 of the partial divorce agreement on maintenance could be approved
Extracted holding
No. The clause could not be approved because the spouses were under a dissensus about its scope, it was incomplete as to maintenance claims, and it was manifestly unfair to the wife.
Extracted reasoning
The court found that both spouses misunderstood the clause: the husband did not know it would extinguish maintenance debts, while the wife assumed the arrears had been paid. The clause also left an important issue unresolved and imposed an unjustified loss on the economically weaker wife.