Magistrate may vary or discharge order.
58 & 59 Vict., c. 39, s. 7.
Magistrate may refuse an order in cases more fit for the Supreme Court.
1888
(2) No order made under this Ordinance shall be en- forceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of three months after it is made the married woman and her husband continue to reside together.
7. Any magistrate may on the application of the married woman or her husband, and upon cause being shown on fresh evidence at any time alter, vary or discharge any order made under this Ordinance, and may from time to time increase or diminish the amount of any weekly payment ordered to be made, so that the same do not in any case exceed such weekly sum as might be ordered to be paid under section 5.
If any person who has applied for an order and with respect to whom an order has been made under this Ordinance voluntarily resumes cohabitation with her husband, or as the case may be, with his wife, or commits an act of adultery, such order shall upon proof thereof be discharged:
Provided that if the order was made on the application of a married woman, the magistrate may, if he thinks fit-
(a) refuse to discharge the order if in his opinion such act of adultery as aforesaid was conduced to by the failure of the husband to make such payments as in the opinion of the magistrate he was able to make under the order; and
(b) in the event of the order being discharged, make a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, and that the husband shall pay to the wife or to the magistrate's clerk or any third person on her behalf a weekly sum not exceeding ten dollars until the child attains the age of sixteen years. In making such an order the magistrate shall have regard primarily to the interests of the children.
8. If in the opinion of a magistrate the matters in question between the parties or any of them would be more conveniently dealt with by the Supreme Court, the magistrate may refuse to make an order under this Ordinance, and in such case, without prejudice to the general right of appeal 58 & 59 Vict. conferred by the Magistrates Ordinance, 1932, no appeal shall lie from the magistrate's decision: Provided that the Supreme Court shall have power by order in any proceeding in the Supreme Court relating to or comprising the same subject matter as the application so refused as aforesaid, or any part thereof, to direct the magistrate to rehear and determine the same.
c. 39, s. 10.
Ordinance No. 41 of 1932.
Power to
payments
cation for maintenance
9.-(1) Where on the hearing of an application for an order interim order of maintenance, the application is adjourned for any where appli- period exceeding one week, the magistrate may order that the husband do pay to the wife or to the magistrate's clerk is adjourned. Or any third person on her behalf a weekly sum, not exceed- 15 & 16 Geo. ing such an amount as might be ordered to be paid under a final order, for the maintenance of the wife and any child or children in her custody until the final determination of the case:
5, c. 51, s. 6.
Provided that the order directing such payment shall not remain in operation for more than three months from the date on which it was made.