1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 29

28

CAP. 192]

Matrimonial Proceedings and Property

(1972 Ed.

Commencement of proceedings with respect to

maintenance

and settlements.

1963 c. 72, s. 18.

Nullity. 1965 c. 72, s. 19.

Judicial separation. 1965 c. 72, s. 20.

and the court may exercise its powers under the foregoing provisions of this section notwithstanding that there are no children of the marriage.

(2) Where on a petition for divorce presented by the husband-

(a) the husband satisfies the court of any such fact as is mentioned in

section 11A(1)(a), (b) or (c);

(b) the court grants him a decree of divorce; and

(c) it appears to the court that the wife is entitled to any property either

in possession or in reversion,

the court may, if it thinks fit, order such settlement as it thinks reasonable to be made of the property, or of any part of it, for the benefit of the husband and of the children of the marriage or either or any of them. (Replaced, 33 of 1972, s. 20)

30. (1) Where a petition for divorce has been presented, proceedings under the foregoing provisions of this Ordinance may be begun, subject to and in accordance with rules, at any time after the presentation of the petition; but-

(a) no order under section 28 or 29 shall be made unless a decree nisi has

been granted;

(b) without prejudice to the power to give directions under section 28(2)(a), no such order and no settlement made in pursuance of such an order shall take effect unless the decree has been made absolute.

(2) Subsection (1) shall have effect notwithstanding anything in the fore- going provisions of this Ordinance but subject to section 41.

31. Section 28(1) and (2) and section 29(1) and, so far as it relates to those provisions, section 30 shall apply in relation to nullity of marriage as they apply in relation to divorce but as if the reference in section 28(1) to section 28(3) were omitted.

32. (1) On granting a decree of judicial separation or at any time there- after the court may make such order as it thinks just for the payment of alimony or a lump sum or both-

(a) in any case other than a case falling within paragraph (b) of this sub-

section, to the wife; and

(b) in a case where the petition is presented by the wife and the court holds that the only fact on which she is entitled to rely is that mentioned in section 11A(1)(e), if the court is satisfied on proof of such facts as may be prescribed by rules that the husband is insane, to the husband. (Replaced, 33 of 1972, s. 21)

(2) Section 29(2) shall apply in relation to judicial separation as it applies in relation to divorce.

(3) In a case of judicial separation-

(a) any property which is acquired by or devolves upon the wife on or

after the date of the decree whilst the separation continues; and

(b) where the decree is obtained by the wife, any property to which she is entitled for an estate in remainder or reversion on the date of the decree,

shall, if she dies intestate, devolve as if her husband had then been dead.

(4) If in a case of judicial separation alimony has been ordered to be paid under the foregoing provisions of this Ordinance and has not been duly paid by the husband, he shall be liable for necessaries supplied for the use of the wife.

(5) Section 28(1)(a) and subsections (2) and (3) thereof shall apply in rela- tion to judicial separation as they apply in relation to divorce. (Added, 25 of 1967, s. 2)