Finally on the 3 condition for maintenance, it is the case of the Petitioner that the Respondent brought a woman to live with her and the Respondent in their matrimonial home in December, 2001. She cited an instance when she was verbally and physically assaulted by the Respondent. On the 17th April, 2002, the Police and neighbours had to intervene. Besides, she has had to pay for herself and the child when the Respondent refused to provide feeding allowance. Her departure from their matrimonial home was on account of the unbearable and intolerable conduct of the Respondent. The Respondent denied all the Petitioner's allegations rather it was a case of Counter accusation as he testified that it was Petitioner who made life so unbearable to his two elder daughters to the extent that he had to send them away from home." At page 88 of the Record of Appeal the trial Court made the following findings on the conduct of the parties thus:"Upon a thorough evaluation of the facts presented to this Court together with the factors considered in the Hayes v. Hayes case my answer to issue 3 is in the affirmative." In arriving at its decision that it is proper to award maintenance to both the Petitioner and the child the Court said at page 88 of the record of Appeal thus:"Both the petitioner and the only child of the marriage are entitled to maintenance payable by the Respondent However, the Court's award will be informed by the financial capabilities of the Respondent." It is in evidence before the Court that the Appellant has two houses, he lives in one of the houses while the second house is given out on rent. However the Appellant failed to disclose the rent generated from the said house which could have been of assistance to the Court in assessing his correct means. The actual