1658
Limitation
No. 10 of 1905. MARRIED WOMEN (DESERTION).
(b) that the legal custody of any children of the marriage between the applicant and her husband, while under the age of sixteen, be committed to the applicant;
(c) that the husband shall pay to the applicant personally, or to some person on her behalf, for her use, such weekly sum as the magistrate shall, having regard to the means both of the husband and wife, consider reasonable;
(d) that the costs of the application be paid by the applicant or by the husband or by both.
5. No order shall be made under this Ordinance if it be proved that the applicant has committed an act of adultery, provided that the husband has not condoned or connived at, or by his wilful neglect or misconduct conduced to, the act of adultery.
Power to vary or discharge order.
Procedure.
Ordinance No. 3 of 1890.
Construction of Ordinance.
6. A magistrate may on the application of the married woman or her husband, and upon cause being shown on fresh evidence, alter, vary, or discharge any order made under this Ordinance, and may from time to time diminish the amount of any weekly payment ordered to be made, or increase such amount. Provided always that if any married woman upon whose application an order shall have been made under this Ordinance shall voluntarily resume cohabitation with her husband or shall commit an act of adultery, such order shall upon proof thereof be discharged.
7. All applications under this Ordinance shall be made and be dealt with and all orders be enforced and all appeals be made in accordance with the Magistrates Ordinance, 1890.
8. This Ordinance shall not be deemed to be restricted to persons of Chinese or other Asiatic race.
No. 11 of 1905, repealed by No. 8 of 1913.
No. 12 of 1905, repealed by No. 8 of 1913.
* As amended by No. 9 of 1921.
† As amended by No. 9 of 1921 and Law Rev., Ord., 1924.
No. 11 of 1905 was repealed by No. 8 of 1913 in so far as it had not been acted upon before April 18th, 1913, but the repeal does not affect the rights of persons holding stock under the Ordinance. See No. 8 of 1913, s. 5.