1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 21

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Order for maintenance of party to marriage under Matrimonial Causes Ordin- ance to cease to have effect on remarriage of that party. 1970 c. 45, s. 21. (Cap. 179.)

Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage.

1970 c. 45, s. 22.

7915057

CAP. 192] Matrimonial Proceedings and Property

[1972 Ed.

22. (1) An order made, or deemed to have been made, under section 28(1)(a) or (b) of the Matrimonial Causes Ordinance shall, notwithstanding anything in the order, cease to have effect on the remarriage after the commencement of this Ordinance of the person in whose favour the order was made, except in relation to any arrears due under it on the date of such remarriage.

(2) An order for the payment of alimony made, or deemed to have been made, under section 32 of the Matrimonial Causes Ordinance, and an order made, or deemed to have been made, under section 33 or 34 of that Ordinance, shall, if the marriage of the parties to the proceedings in which the order was made was or is subsequently dissolved or annulled but the order continues in force, cease to have effect on the remarriage after the commence- ment of this Ordinance of the party in whose favour the order was made, except in relation to any arrears due under it on the date of such remarriage.

23. (1) Where-

(a) an order to which this section applies has ceased to have effect by reason of the remarriage of the person entitled to payments under the order, and

(b) the person liable to make payments under the order or his or her personal representatives made payments in accordance with it in respect of a period after the date of such remarriage in the mistaken belief that the order was still subsisting,

no proceedings in respect of a cause of section arising out of the circumstances mentioned in paragraphs (a) and (b) shall be main- tainable by the person so liable or his or her personal representatives against the person so entitled or her or his personal representatives; but on an application made under this section the court may exercise the powers conferred on it by subsection (2).

(2) The court may order the respondent to an application made under this section to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (1)(b) or, if it appears to the court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such lesser sum as it thinks fit or dismiss the application.

and

(3) Subsections (2) to (4) of section 13 shall apply to an application made under this section and to an order made on such application as they apply to an application made under that section and to an order made on the last mentioned application, and the references to the court in this section shall be construed in accordance with subsection (3) of section 13 as applied by this subsection.

(4) No officer of a court to which any payments under an order to which this section applies are required to be made shall be liable for any act done by him in pursuance of the order after the date on