1956-HKRS30-8-46_Part08 — Page 36

Alimony pending suil.

Main- tenance of children.

Main- tenance, accured

40. A wife petitioner who has not included in her petition a prayer for alimony pending suit may apply for alimony pending suit at any time after filing the petition, and a respondent wife, or a respondent husband against whom a petition for divorce or judicial separation is presented on the ground of his insanity, may apply for alimony pending suit at any time after entering appearance to a petition.

41. An application for maintenance of the children may be made-

(a) by a petitioner who has not included in the petition a prayer for maintenance of the children, at any time after service of a petition in which custody of any children of the marriage is claimed or after making a subsequent application for custody;

(b) by respondent spouse, after entering an appearance to

a petition; or

(c) by the guardian of any children of the marriage or by any person who has obtained leave to intervene in the cause for the purpose of applying for the custody of, or who has under an order of the court, the custody or control of, such children, after catering an appearance to the petition in accordance with Form 12.

42. (1) An application for maintenance or a secured provi- sion, where a prayer for such relief has not been included in the provision, petition, and an application for settlement of a wife's property, Bettlement of wife's

or variation of marriage settlements, in the case of proceedings for property dissolution of marriage, may be made by the petitioner at any time after the time for entering an appearance to the petition has expired, and by a respondent spouse at any time after entering an appearance to the petition, bur no such application shall be made later than two months after final decree except by leave.

and varia- tion of marriage Bettle- menta.

(2) An application for settlement of a wife's property, in the case of proceedings for judicial separation or for restitution of conjugal rights, may be made at any time after the decree has been pronounced.

(3) Upon an application for a secured provision, settlement of a wife's property or variation of marriage settlements, the court shall, unless it is satisfied that the secured provision or settlement

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makes adequate provision for any children of the marriage, or, as the case may be, that the proposed variation does not adversely affect the rights or interests of any children of the marriage, direct that the children be separately represented on the application by a solicitor, or by a solicitor and counsel, and may assign a guardian ad litem by whom any infant children may appear upon the application. An affidavit of fitness of the pro- posed guardian in accordance with Form 17 shall be filed.

43. An application for permanent alimony may be made at Permanent any time after a decree for judicial separation has been pronounced. alimony.

44. An application for periodical payments or for securing Periodical periodical payments to a wife may be made at any time after payments. non-compliance with a decree for restitution of conjugal rights, but where the application is one for the benefit of children of the marriage and is made by the guardian of such children or by a person who has obtained leave to intervene in the cause for the purpose of applying for custody or who has the custody or control of such children under an order of the court, he shall first enter

an appearance to the petition in accordance with Form 13.

45. A petitioner, or a respondent if he has entered an Variation appearance to the petition, may at any time apply for a modifica of orders tion order.

for slimony, elc.

46. (1) Where a husband is served with a petition in which Evidence

ou applica. alimony pending suit, maintenance of the children, maintenance tions for or a secured provision is claimed, and enters an appearance, he alimony, shall, within fourteen days after the expiration of the time limited etc. for appearance, file an affidavit setting out full particulars of his property and income.

(a) Where a husband is served with a notice of an application for alimony pending suit, maintenance of the children, main- tenance, a secured provision, permanent alimony, periodical pay- ments or for securing periodical payments to a wife, he shall, within fourteen days after service of the notice upon him, or if he has not at the time of such service entered an appearance, after entering an appearance and within fourteen days after the expira- tion of the time limited for appearance, file an affidavit setting out full particulars of his property and income, unless in the case of any such application, other than an application for alimony