1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 33

2223

CAP. 192] Matrimonial Proceedings and Property

[1972 Ed.

Variation and discharge of

certain orders

for relief.

1965 c. 72, s. 31.

Avoidance of transactions intended to prevent relief.

1965 c. 72, s. 32.

(2) Where--

(a) a petition for divorce or judicial separation is presented by a wife and the court is satisfied on proof of such facts as may be prescribed by rules that her husband is insane;

(b) a petition for divorce or judicial separation is presented by a husband and the court is satisfied on proof of such facts as may be prescribed by rules that his wife is insane; or

(c) a petition for nullity is presented by a husband on the ground of his

wife's insanity or mental deficiency or disorder,

and the court orders payments, other than a lump sum payment, in favour of the respondent under sections 27, 28(1), section 28(1) as applied by section 28(3) or by section 31, or under section 32(1), the court may order the payments to be made to such persons having charge of the respondent as the court may direct. (Replaced, 33 of 1972, s. 22)

43. (1) Where the court has made an order under section 33(3) or section 34 or any of the provisions mentioned in section 41(2) (other than an order for the payment of a lump sum), the court shall have power to discharge or vary the order or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.

(2) The powers exercisable by the court under this section in relation to an order shall be exercisable also in relation to any instrument executed in pursuance of the order.

(3) In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, including any increase or decrease in the means of either of the parties to the marriage.

44. (1) Where proceedings for relief under any of the relevant provisions of this Ordinance (hereafter in this section referred to as “financial relief”) are brought by a person against his or her spouse or former spouse (hereafter in this section referred to as "the other party"), the court may, on an application by that person-

(a) if it is satisfied that the other party is, with the intention of defeating the claim for financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property, make such order as it thinks fit for restraining the other party from so doing or otherwise for protecting the claim;

(b) if it is satisfied that the other party has, with the intention aforesaid, made a disposition to which this paragraph applies and that if the dis- position were set aside financial relief or different financial relief would be granted to the applicant, make an order setting aside the disposition and give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payment or the disposal of any property);

(c) if it is satisfied, in a case where an order under the relevant provisions of this Ordinance has been obtained by the applicant against the other party, that the other party has, with the intention aforesaid, made a disposition to which this paragraph applies, make such an order and give such directions as are mentioned in paragraph (b);

and an application for the purposes of paragraph (6) shall be made in the proceedings for the financial relief in question.

(2) Subsection (1)(b) and (c) apply respectively to a disposition made by the other party (whether before or after the commencement of the proceedings for financial relief) within the period of three years ending with the date of the application made for the purposes of the paragraph in question, not being a disposition made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any such intention as aforesaid on the part of the other party.