Applicatiom
of settled
and other property. 1963, c. 72. s. 17.
Comdience
14
(2) Where the court decides to make an order under paragraph (a) of subsection (1), 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 a petition for divorce is presented by the wife on the ground of her husband's insanity, subsection (1) shall have cffect with the substitution of references to the wife for references to the husband and of references to the husband for references to the wife.
29. (1) The court may, after granting a decree of divorce- (a) inquire into the existence of ante-nuptial or post-nuptial settle- ments 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:
and the court may exercise its powers under the foregoing provisions of this section notwithstanding that there are no children of the marriage.
(2) Where the court grants a decree of divorce by reason of the adultery, desertion or cruelty of the wife and it appears to the court that she is entitled to any property either in possession or reversion, the court may if it thinks fit order such settlement as it thinks reason- able to be made of the properly, or of any part of it, for the benefit of the innocent party and of the children of the marriage or either or any of them.
30. (1) Where a petition for divorce has been presented, pro- ment of pro- ceedings under the foregoing provisions of this Ordinance may be begun, subject to and in accordance with rules, at any time after the presentation of the petition; but-
coedings with respect to
maintenance
andi selide.
ments.
1965, c. 71,
5. 18.
(a) no order under section 28 or 29 shall be made unless a decree
nisi has been granted;
(b) without prejudice to the power to give directions under para- graph (a) of subsection (2) of section 28, no such order and no settlement made in pursuance of such an order shall take effect unless the decree has been made absolute.
15
(2) Subsection (1) shall have effect notwithstanding anything in the foregoing provisions of this Ordinance but subject to section 41.
*. 19.
31. Subsections (1) and (2) of section 28 and subsection (1) of Nullity. section 29 and, so far as it relates to those provisions, section 30 shall 1965, c. 72, apply in relation to nullity of marriage as they apply in relation to divorce but as if the reference in subsection (1) of section 28 to sub- section (3) of section 28 were omitted.
32. (1) On granting a decree of judicial separation or at any time Judicial thereafter the court may make such order as it thinks just for the separation. payment of alimony or a lump sum or both---
1965, c. 72, 5. 20,
(a) in any case other than a case falling within paragraph (b) of
this subsection, to the wife, and
(b) in a case where the petition was presented by the wife on the
ground of her husband's insanity, to the busband.
(2) Subsection (2) of section 29 shall apply in relation to judicial separation as it applies in relation to divorce.
(3) In a case of judicial separation—
(a) any property which is acquired by or devolves upon the wife on or after the date of the decree whilst the separation continues; and
(b) where the decree is obtained by the wife, any property to which she is entitled for an estate in remainder or reversion
on the date of the decree,
sball, if she dies intestate, devolve as if ber husband had then been dead.
(4) If in a case of judicial separation alimony has been ordered to be paid under the foregoing provisions of this Ordinance and has not been duly paid by the husband, he shall be liable for necessaries supplied for the use of the wife.
33. (1) Where a decres for restitution of conjugal rights is made Readtution on the application of the wife, the court may-
of conjugal right. (a) make such order as it thinks just for the payment of alimony 1965, 2. 72,
to the wife;
(b) on making the decree or at any time thereafter, order the husband to pay to the wife, if the decree is not complied with within the time specified by the court, such periodical pay- ments as the court thinks just
(2) Where the court makes an order under paragraph (5) of sub- section (1)
(a) the order may be enforced in the same manner as an order
for alimony; and
8. 21.