4
Extension of section 6.
1958 c. 35, s. 7.
CAP. 182]
Married Persons Status
[1972 Ed.
7. (1) Any right of a wife, under section 6, to apply to a judge, in any question between husband and wife as to the title to or possession of property, shall include the right to make such an application where it is claimed by the wife that her husband has had in his possession or under his control-
(a) money to which, or to a share of which, she was beneficially entitled (whether by reason that it represented the proceeds of property to which, or to an interest in which, she was beneficially entitled, or for any other reason); or (b) property (other than money) to which, or to an interest in which, she was beneficially entitled,
and that either that money or other property has ceased to be in his possession or under his control or that she does not know whether it is still in his possession or under his control.
(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 subsection (1)(a) or (b); and
(b) 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 subsection (1)(a), such sum in respect of the money to which the application relates, or the wife's share thereof, as the case may be; or
(b) in a case falling within subsection (1)(b), 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,
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Page 6
4
Extension of section 6.
1958 c. 35, s. 7.
CAP. 182]
Married Persons Status
[1972 Ed.
7. (1) Any right of a wife, under section 6, to apply to a judge, in any question between husband and wife as to the title to or possession of property, shall include the right to make such an application where it is claimed by the wife that her husband has had in his possession or under his control-
(a) money to which, or to a share of which, she was bene- ficially entitled (whether by reason that it represented the proceeds of property to which, or to an interest in which, she was beneficially entitled, or for any other reason); or (b) property (other than money) to which, or to an interest
in which, she was beneficially entitled,
and that either that money or other property has ceased to be in his possession or under his control or that she does not know whether it is still in his possession or under his control.
(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 subsection (1)(a) or (b); and
(b) 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 subsection (1)(a), such sum in respect of the money to which the application relates, or the wife's share thereof, as the case may be; or
(b) in a case falling within subsection (1)(b), 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,
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