1950_HONG_KONG_DIVORCE_RULES — Page 14

HK Historical Laws 香港歷史法例 All AI Reviewed

Divorce.

[CAP. 179

63. If the answer of the husband alleges that the wife has property of her own, she may within fourteen days file a reply on oath to that allegation; but the husband may not file a rejoinder to such reply without leave of a judge.

64. A wife may at any time after alimony has been allotted to her, whether alimony pending suit or permanent alimony, file her petition supported by affidavit for an increase of the alimony allotted, by reason of the increased means of the husband or the reduction of her own means, or the husband may file a petition supported by affidavit for a reduction of the alimony allotted, by reason of his reduced means or the wife's increased means, and the course of proceeding in such cases shall be the same as required by these rules in respect of the original petition for alimony and the allotment thereof.

65. The provisions of the preceding rule shall be observed in cases of application for increase or reduction of payments for maintenance and of periodical payments.

66. Application to vary marriage settlements shall be made by petition filed after but within one calendar month of decree absolute unless such time is extended by a judge on summons personally served on the husband or wife as the case may be, the trustees of the settlements, and such other persons as the Registrar shall direct. Subsequent pleadings shall be as in proceedings for maintenance. Appearance must be entered in the principal cause before an answer is filed.

67. Application for a settlement of property of a wife by virtue of section 31 of the Divorce Ordinance, shall be (Cap. 179) made and proceeded with in the manner prescribed in the preceding rule.

68. (1) The court may, in its discretion, refer to the Registrar the investigation of the averments in any petition, answer, reply or other pleading in relation to an application for alimony, whether alimony pending suit or permanent alimony, maintenance or periodical payments, variation of settlements or settlement of a wife's property.

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Divorce. [CAP. 179 63. If the answer of the husband alleges that the wife has property of her own, she may within fourteen days file a reply on oath to that allegation; but the husband may not file a rejoinder to such reply without leave of a judge. 64. A wife may at any time after alimony has been allotted to her, whether alimony pending suit or permanent alimony, file her petition supported by affidavit for an increase of the alimony allotted, by reason of the increased means of the husband or the reduction of her own means, or the husband may file a petition supported by affidavit for a reduction of the alimony allotted, by reason of his reduced means or the wife's increased means, and the course of proceeding in such cases shall be the same as required by these rules in respect of the original petition for alimony and the allotment thereof. 65. The provisions of the preceding rule shall be observed in cases of application for increase or reduction of payments for maintenance and of periodical payments. 66. Application to vary marriage settlements shall be made by petition filed after but within one calendar month of decree absolute unless such time is extended by a judge on summons personally served on the husband or wife as the case may be, the trustees of the settlements, and such other persons as the Registrar shall direct. Subsequent pleadings shall be as in proceedings for maintenance. Appearance must be entered in the principal cause before an answer is filed. 67. Application for a settlement of property of a wife by virtue of section 31 of the Divorce Ordinance, shall be (Cap. 179) made and proceeded with in the manner prescribed in the preceding rule. 68. (1) The court may, in its discretion, refer to the Registrar the investigation of the averments in any petition, answer, reply or other pleading in relation to an application for alimony, whether alimony pending suit or permanent alimony, maintenance or periodical payments, variation of settlements or settlement of a wife's property. Page 369 Page 369 Page 369 369 369 369

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Divorce. [CAP. 179 63. If the answer of the husband alleges that the wife has property of her own, she may within fourteen days file a reply on oath to that allegation; but the husband may not file a rejoinder to such reply without leave of a judge. 64. A wife may at any time after alimony has been allotted to her, whether alimony pending suit or permanent alimony, file her petition supported by affidavit for an in- crease of the alimony allotted, by reason of the increased means of the husband or the reduction of her own means, or the husband may file a petition supported by affidavit for a reduction of the alimony allotted, by reason of his reduced means or the wife's increased means, and the course of proceeding in such cases shall be the same as required by these rules in respect of the original petition. for alimony and the allotment thereof. 65. The provisions of the preceeding rule shall be observed in cases of application for increase or reduction of payments for maintenance and of periodical payments. 66. Application to vary marriage settlements shall be made by petition filed after but within one calendar month of decree absolute unless such time is extended by a judge on summons personally served on the husband or wife as the case may be, the trustees of the settlements, and such other persons as the Registrar shall direct. Sub- sequent pleadings shall be as in proceedings for mainten- ance. Appearance must be entered in the principal cause before an answer is filed. 67. Application for a settlement of property of a wife by virtue of section 31 of the Divorce Ordinance, shall be (Cap. 179.) made and proceeded with in the manner prescribed in the preceding rule. 68. (1) The court may, in its discretion, refer to the Registrar the investigation of the averments in any petition, answer, reply or other pleading in relation to an application for alimony, whether alimony pending suit or permanent alimony, maintenance or periodical payments, variation of settlements or settlement of a wife's property. 369

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Divorce.

[CAP. 179

64. A wife may at any time after alimony has been allotted to her, whether alimony pending suit or permanent alimony, file her petition supported by affidavit for an in- crease of the alimony allotted, by reason of the increased means of the husband or the reduction of her own means, or the husband may file a petition supported by affidavit for a reduction of the alimony allotted, by reason of his reduced means or the wife's increased means, and the course of proceeding in such cases shall be the same as required by these rules in respect of the original petition. for alimony and the allotment thereof.

65. The provisions of the preceeding rule shall be observed in cases of application for increase or reduction of payments for maintenance and of periodical payments.

66. Application to vary marriage settlements shall be made by petition filed after but within one calendar month of decree absolute unless such time is extended by a judge on summons personally served on the husband or wife as the case may be, the trustees of the settlements, and such other persons as the Registrar shall direct. Sub- sequent pleadings shall be as in proceedings for mainten- ance. Appearance must be entered in the principal cause before an answer is filed.

67. Application for a settlement of property of a wife by virtue of section 31 of the Divorce Ordinance, shall be (Cap. 179.) made and proceeded with in the manner prescribed in the preceding rule.

1950_HONG_KONG_DIVORCE_RULES — Page 14

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