1972 Ed.]
Married Persons Status
[CAP. 182
3
shall belong to her in all respects as if she were unmarried and may be disposed of accordingly.
(2) No restriction upon anticipation or alienation attached, whether before or after the commencement of this Ordinance, to the enjoyment of any property by a woman which could not have been attached to the enjoyment of that property by a man shall be of any effect.
5. (1) Subject to this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were unmarried.
(2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears-
(a) that no substantial benefit would accrue to either party from the continuation of the proceedings; or
(b) that the question or questions in issue could more conveniently be disposed of on an application made under section 6.
(3) Without prejudice to subsection (2)(b), the court may, in such an action, either exercise any power which could be exercised on an application under section 6 or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.
(4) The references in subsection (1) to the parties to a marriage include references to the persons who were parties to a marriage which has been dissolved.
(5) This section does not apply to any cause of action which arose, or would but for the subsistence of a marriage have arisen, before the commencement of this Ordinance.
6. (1) In any question between husband and wife as to the title to or possession of property the husband or the wife may apply by summons or otherwise in a summary way to a judge to determine the question.
(2) On any such application the judge may make such order with respect to the property in dispute and as to the costs of and consequent on the application as he thinks fit, or may direct such application to stand over and any inquiry touching the matters in question to be made in such manner as he thinks fit.
(3) An order made under subsection (2) shall be subject to appeal in the same way as an order made by the judge in an action in the Supreme Court would be.
(4) If either party so requests, the judge may hear the application in private.
1949 c. 78, s. 1(1) & (2).
Actions in tort between husband and wife.
1962 c. 48, s. 1(1) & (2).
1962 c. 48, s. 3(3).
1962 c. 48, s. 3(4).
Questions between husband and wife as to property to be decided in a summary way.
1882 c. 75, s. 17.