192987-1932-Supplementary-Draft-Bills--Marriage-Amendment — Page 10

Government Gazette 政府憲報 轅門報 All

785

such orders as it thinks fit with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may vary of discharge the said orders, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the court.

Procedure.

35. Subject to the provisions herein, all proceedings Frocedure. under this Ordinance shall be regulated by the Code of Civil Procedure for the time being in force.

36. The forms in the schedule with such variations as Forms in the circumstances of each case require, may be used for the schedule. respective purposes mentioned in such schedule.

37. (1) Every petition shall state the facts on which Contents of the claim is based and also all such facts as affect the petition. jurisdiction of the court under section 4, shall be verified by affidavit, and may at the hearing be referred to as evidence.

(2) Petitions for dissolution of marriage, or for nullity of marriage, or for judicial separation shall state that there is not any collusion or connivance between the petitioner and the respondent or between the petitioner and the respondent, if any.

38-(1) Service out of the jurisdiction of any petition Service of under this Ordinance may be allowed by the court and petition. service shall be effected, as nearly as may be, in the manner in which service of a writ of summons is to be effected under the Code of Civil Procedure for the time being in force.

(2) The court may dispense with such service altogether or allow service by notice published in the Gazette, if it seems necessary or expedient to do so.

39.--(1) In suits under this Ordinance the parties and Evidence. the husbands and wives of such parties shall be competent and compellable to give evidence.

(2) No witness whether a party to the suit or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same suit in disproof of his or her alleged adultery.

40. The whole or any part of any proceeding under this Sittings Ordinance may be heard, if the court thinks fit, with closed in camera. doors.

41. The court may adjourn the hearing of any petition Adjourn- under this Ordinance, and may require further evidence ment. thereon if it sees fit so to do.

Appeals.

42.-(1) All decrees and orders made by the court in Enforce- proceedings under this Ordinance shall be enforced, and may ment of be appealed from, as if they were decrees or orders made by the court in the exercise of its original civil jurisdiction. Appeals.

orders.

Page 10Page 11

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.