1972 Ed.] Matrimonial Proceedings and Property
[CAP. 192
27
(e) either of the parties to the marriage had a substantial connexion with Hong Kong at the date of the petition. (Added, 68 of 1970, s. 26)
25. (1) A petition for restitution of conjugal rights may be presented to the court by the husband or the wife; and the court, on being satisfied that-
(a) the allegations contained in the petition are true; and
(b) there is no legal ground why a decree for restitution of conjugal rights
should not be granted,
may grant the decree accordingly.
(2) A decree for restitution of conjugal rights shall not be enforced by imprisonment.
27. On a petition for divorce, nullity of marriage, judicial separation or restitution of conjugal rights, the court may make such interim orders as it thinks just for the payment of alimony--
(a) in any case other than a case falling within paragraph (b) of this section,
to the wife; and
(b) in the case of a petition for divorce or judicial separation presented by the wife alleging any such fact as is mentioned in section 11A(1)(e), where the court is satisfied on proof of such facts as may be prescribed by rules that her husband is insane, to the husband. (Replaced, 33 of 1972, s. 18)
28. (1) On granting a decree of divorce or at any time thereafter (whether before or after the decree is made absolute), the court may, if it thinks fit and subject to subsection (3), make one or more of the following orders-
(a) an order requiring the husband to secure to the wife, to the satisfaction of the court, such lump or annual sum for any term not exceeding her life as the court thinks reasonable having regard to her fortune (if any), his ability and the conduct of the parties;
(b) an order requiring the husband to pay to the wife during their joint lives such monthly or weekly sum for her maintenance as the court thinks reasonable;
(c) an order requiring the husband to pay to the wife such lump sum as
the court thinks reasonable.
(2) Where the court decides to make an order under subsection (1)(a), it may-
(a) direct that the matter be referred to the Registrar for him to approve
a proper instrument to be executed by all necessary parties; and
(b) if it thinks fit, defer the grant of the decree until the instrument has been
duly executed.
(3) Where on a petition for divorce presented by the wife, the court grants her a decree of divorce and holds that the only fact on which she is entitled to rely is that mentioned in section 11A(1)(e), if the court is satisfied on proof of such facts as may be prescribed by rules that the husband is insane, subsection (1) shall have effect with the substitution of references to the wife for references to the husband and of references to the husband for references to the wife. (Replaced, 33 of 1972, s. 19)
29. (1) The court may, after granting a decree of divorce-
(a) inquire into the existence of ante-nuptial or post-nuptial settlements
made on the parties whose marriage is the subject of the decree; and (b) make such orders as the court thinks fit as respects the application, for the benefit of the children of the marriage or the parties to the marriage, of the whole or any part of the property settled;
Restitution of conjugal rights. 1963 c. 72, s.13.
Interim orders for alimony. 1965 c. 72, s. 15.
Maintenance orders. 1965 c. 72, s. 16.
Application of settled and other property, 1965 c. 72, s. 17.