1964_SEPARATION_AND_MAINTENANCE_ORDERS_ORDINANCE — Page 4

1986 Ed.]

Separation and Maintenance Orders

[CAP. 16

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(c) has deserted her;

(d) has been guilty of persistent cruelty to her or her children; (e) has been guilty of wilful neglect to provide reasonable maintenance for her or reasonable maintenance and education for her infant children whom he is legally liable to maintain; (Amended, 63 of 1986, s. 2)

(f) has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her;

(g) has compelled her to submit herself to prostitution;

(h) is a habitual drunkard, or a drug addict,

may apply to the District Court for an order under this Ordinance.

(2) Where the husband has, in the opinion of the District Court, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitution, he shall, for the purposes of this section, be deemed to have compelled her so to submit herself.

4.

(Amended, 35 of 1969, Schedule)

The husband of every married woman who-

(a) has been guilty of persistent cruelty to his children;

(b) is a habitual drunkard or a drug addict,

may apply to the District Court for an order under this Ordinance.

(Amended, 35 of 1969, Schedule)

5. On any application under section 3 or 4, the District Court may make one or more orders containing all or any of the following provisions-

(a) that the applicant be no longer bound to cohabit with her husband, or, as the case may be, that the applicant be no longer bound to cohabit with his wife (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty);

(b) that the legal custody of any children of the marriage be committed to the husband, or to his wife;

(c) that the husband shall pay to his wife, or to the Registrar of the District Court or any third person on her behalf, such lump sum (whether in one amount or by instalments) or periodical payments or both as the District Court having regard to the means both of the husband and his wife considers reasonable, and an order under this paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the wife before the making of the order to be met; (Amended, 42 of 1948, s. 2; 23 of 1968, s. 3 and 63 of 1986, s. 3)

Grounds on which husband may apply. 1902 c. 28, s. 5(2). 1925. 51. s. 1(3).

Powers of District Court. 1895 c. 39, s. 5. 1920 c. 63, s. 1.