1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 30

1972 Ed.] Matrimonial Proceedings and Property

[CAP. 192

33. (1) Where a decree for restitution of conjugal rights is made on the application of the wife, the court may-

(a) make such order as it thinks just for the payment of alimony to the

wife;

(b) on making the decree or at any time thereafter, order the husband to pay to the wife, if the decree is not complied with within the time specified by the court, such periodical payments as the court thinks just.

(2) Where the court makes an order under subsection (1)})(5)—

(a) the order may be enforced in the same manner as an order for ali-

mony; and

(b) the court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure the periodical payments to the wife, and may for that purpose give such a direction as is mentioned in section 28(2)(a).

(3) Where a decree for restitution of conjugal rights is made on the applica- tion of the husband and it appears to the court that the wife is entitled to any property, either in possession or reversion, or is in receipt of any profits of trade or earnings, the court may-

(a) order a settlement of the property or any part of it to be made to the satisfaction of the court for the benefit of the husband and of the children of the marriage or either or any of them; or

(b) order such part of the profits or earnings as the court thinks reasonable to be paid periodically by the wife to the husband for his own benefit, or to him or another person for the benefit of the children of the marriage or either or any of them.

34. (1) Where-

(a) a husband has been guity of wilful neglect to provide reasonable maintenance for his wife or any child to whom this subsection ap- plies; and

(b) the court would have jurisdiction to entertain proceedings by the wife

for judicial separation,

then, without prejudice to the provisions of section 47(2), the court may on the application of the wife order the husband to make to her such periodical payments as may be just.

(2) Subsection (1) applies to any infant child of the marriage in question and any infant illegitimate child of both parties to the marriage.

(3) Where the court makes an order under subsection (1)—

(a) the order may be enforced in the same manner as an order for alimony

in proceedings for judicial separation; and

(b) the court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure the periodical payments to the wife and may for that purpose give such a direction as is mentioned in section 28(2)(a).

35. (1) If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrange- ments, then-

(a) that provision shall be void; but

(b) any other financial arrangements contained in the agreement shall not thereby be rendered void or unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to sections 36 and 37), be binding on the parties to the agreement.

Restitution of conjugal rights.

1965 c. 72, s. 21.

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Neglect to maintain. 1965 c. 72, s. 22.

Validity of maintenance agreements. 1965, c. 72, s. 23.

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