(2) Where, on an application made to a judge under section 6, as extended by subsection (1), the judge is satisfied-
(a) that the husband has had in his possession or under his control money or other property as mentioned in para- graph (4) or (b) of subsection (1); and
(6) that he has not made to the wife, in respect of that money or other property, such payment or disposition as would have been appropriate in the circumstances, the power to make orders under that section shall be extended in accordance with subsection (3).
(3) Where subsection (2) applies, the power to make orders under section 6 shall include power for the judge to order the husband to pay to the wife-
(a) in a case falling within paragraph (a) of subsection (1). such sum in respect of the money to which the applica- tion relates, or the wife's share thereof, as the case may be; or
(b) in a case falling within paragraph (b) of subsection (1). such sum in respect of the value of the property to which the application relates, or the wife's interest therein, as the case may be,
as the judge may consider appropriate.
(4) Where on an application under section 6, as extended by this section, it appears to the judge that there is any property which
(a) represents the whole or part of the money or property
in question; and
(b) is property in respect of which an order could have been made under that section if an application had been made by the wife thereunder in a question as to the title to or possession of that property.
the judge (either in substitution for or in addition to the making of an order in accordance with subsection (3)) may make any order under that section in respect of that property which he could bave made on such an application as is mentioned in paragraph (5).
(5) Subsections (1), (2), (3) and (4) shall have effect in rela- tion to a husband as they have effect in relation to a wife, as if any reference to the husband were a reference to the wife and any reference to the wife were a reference to the husband.
(6) Any power of a judge under section 6 to direct inquiries or give any other directions in relation to an application under
5
that section shall be exercisable in relation to an application made under that section, as extended by this section, and subsections (3) and (4) of that section shall apply in relation to any order made under section 6, as extended by this section, as they apply in relation to an order made under that section apart from this section.
(7) For the avoidance of doubt it is hereby declared that any power conferred by section 6 to make orders with respect to any property includes power to order a sale of the property,
(8) In this section "disposition" does not include any provi- sion contained in a will, but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
8. Subject to this Ordinance, the husband of a woman shall not, by reason only of his being her husband, be liable-
(a) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or
(b) to be sued or made a party to any legal proceedings brought in respect of any such tort, contract, debt or obligation.
9.
ing-
(4)
Nothing in this Ordinance shall be construed as validat-
as against creditors of the husband, any gift, by a husband to his wife, of any property which, after such gift, con- tinues to be in the order or disposition or reputed owner- ship of the husband or any deposit or other investment of moneys of the husband made by or in the name of bis wife in fraud of his creditors; or
(b) as against creditors of the wife, any gift, by a wife to her husband, of any property which, after such gift, continues to be in the order or disposition or reputed ownership of the wife or any deposit or other investment of moneys of the wife made by or in the name of her husband in fraud of her creditors,
and any such money so deposited or invested may be followed as if this Ordinance had not been passed.
10. (1) This section applies to a policy of assurance or endowment expressed to be for the benefit of, or by its express terms purporting to confer a benefit upon, the wife, husband or child of the insured.
1950 2. 15, 1. 2013.
Abolition of husband's liability for wife's torts, contracta. debt and obligations. 1935 c. 30, u. 3.
Gift in fraud of creditors. 1882 c. 79. v. 10,
Insurance for benoit of spouse or children, 1882 c. 75, n. 11.
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