34
CAP. 192] Matrimonial Proceedings and Property
[1972 Ed.
and in any case in which the court has power by virtue of paragraph (a) to make an order in respect of a child it may instead, if it thinks fit, direct that proper proceedings be taken for placing the child under the protection of the court.
(2) Where the court makes or makes absolute a decree of divorce or makes a decree of judicial separation, it may include in the decree a declaration that the parent by reason of whose misconduct the decree is made is unfit to have the custody of the children of the marriage; and the parent to whom the declaration relates shall not, on the death of the other parent, be entitled as of right to the custody or the guardianship of the children of the marriage.
(3) Subject to subsection (6), on granting a decree of divorce or nullity of marriage or at any time thereafter (whether before or after the decree is made absolute) the court may make an order---
(a) in any case, requiring the husband; and
(b) in the case of a decree of divorce made in favour of a wife where the court holds that the only fact on which she is entitled to rely is that mentioned in section 11A(1)(e) and the court is satisfied on proof of such facts as may be prescribed by rules that her husband is insane, requiring the wife, (Replaced, 33 of 1972, s. 23)
to secure for the benefit of the relevant children such lump or annual sum as the court thinks reasonable, and may for that purpose give such a direction as is mentioned in section 28(2)(a); but the term for which any sum is secured for the benefit of a child in pursuance of this subsection shall not extend beyond the date when the child will become twenty-one.
(4) In considering whether any and what order should be made under this section for requiring any party to make any payment towards the maintenance or education of a relevant child, within the meaning of paragraph (5) of the definition thereof, who is not his own, the court shall have regard-
(a) to the extent (if any) to which that party had, on or after the acceptance of the child as one of the family, assumed responsibility for the child's maintenance; and
(b) to the liability of any person other than a party to the marriage to maintain the child.
(5) While the court has power to make an order in any proceedings by virtue of subsection (1)(a) or (c), it may exercise that power from time to time; and where the court makes an order by virtue of subsection (1)(b) with respect to a child it may from time to time make a further order with respect to his custody, maintenance and education.
(6) Section 30 (including that section as applied by section 31) shall apply to proceedings and orders under subsection (3) as it applies to such proceedings and orders as are mentioned in section 30; and section 41(1) shall apply to relief under subsections (1) and (3) of this section (other than relief under subsection (1)(b)) as it applies to ancillary relief within the meaning of section 41.
(7) Section 44 shall apply to relief under this section as if for references in that section to the relevant provisions of this Ordinance there were substituted references to this section.
Custody etc. of children in cases of neglect.
1965 c. 72, s. 35.
47. (1) Where the court makes an order under section 34(1), the court shall also have jurisdiction from time to time to make such order as appears just with respect to the custody of any child to whom that subsection applies; but the jurisdiction conferred by this subsection and any order made in exercise of that jurisdiction shall have effect only as respects any period when an order is in force under that subsection.
Page 35
Page 36