CAP. 16]
Separation and Maintenance Orders
Limitation of powers of District Court.
1895 c. 39, s. 6. 1925 c. 51, s. 1(4).
Condonation. 1965 c. 72, s. 42(2).
District Court may vary or discharge order. 1895 c. 39, s. 7.
[1986 Ed.
(d) 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 considers reasonable having regard to the means both of the husband and his wife for the maintenance and education of each child of the marriage committed to her custody under paragraph (b) until such child attains the age of 16 years:
Provided that an order directing a lump sum payment shall only be made for the purpose of providing for the immediate and non-recurring needs of each child, or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining or educating each such child before the making of the order to be met, or for both such purposes; (Amended, 42 of 1948, s. 2; 23 of 1968, s. 3; 15 of 1977, s. 2 and 63 of 1986, s. 3)
(e) a provision for payment by the husband or his wife, or both of them, of such reasonable costs of the parties or either of them as the District Court may think fit.
(Amended, 35 of 1969, Schedule)
6. (1) No order shall be made under this Ordinance if it is proved that the applicant has committed an act of adultery:
Provided that the husband or, as the case may be, the wife, of the applicant has not condoned, or connived at, or by his or her wilful neglect or misconduct conduced to such act of adultery.
(2) No order made under this Ordinance shall be enforceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of 3 months after it is made the married woman and her husband continue to reside together.
6A. For the purposes of this Ordinance, adultery and cruelty shall not be deemed to have been condoned by reason only of a continuation or resumption of cohabitation between the parties for one period not exceeding 3 months, or of any thing done during such cohabitation, if it is proved that cohabitation has continued or resumed, as the case may be, with a view to effecting a reconciliation. (Added, 33 of 1972, s. 25)
7. (1) The District Court may on the application of the married woman or her husband, and upon cause being shown on fresh evidence at any time alter, vary, discharge, suspend or revive after being so suspended any order (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) made under this Ordinance, and may from time to time increase or diminish the amount of any unpaid instalment of a lump sum payment or periodical payment or both ordered to be paid under section 5. (Amended, 35 of 1969, Schedule and 63 of 1986, s. 4)
Page 5
Page 6
4
CAP. 16]
Separation and Maintenance Orders
Limitation of powers of District Court.
1895 c. 39, s. 6. 1925 c. 51, s. 1(4).
Condonation. 1965 c. 72, s. 42(2).
District Court may vary or discharge order. 1895 c. 39, s. 7.
[1986 Ed.
(d) 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 considers reasonable having regard to the means both of the husband and his wife for the maintenance and education of each child of the marriage committed to her custody under paragraph (b) until such child attains the age of 16 years:
Provided that an order directing a lump sum payment shall only be made for the purpose of providing for the immediate and non-recurring needs of each child, or for the purpose of enabling any liabilities or expenses reason- ably incurred in maintaining or educating each such child before the making of the order to be met, or for both such purposes; (Amended, 42 of 1948, s. 2; 23 of 1968, s. 3; 15 of 1977, s. 2 and 63 of 1986, s. 3)
(e) a provision for payment by the husband or his wife, or both of them, of such reasonable costs of the parties or either of them as the District Court may think fit.
(Amended, 35 of 1969, Schedule)
6. (1) No order shall be made under this Ordinance if it is proved that the applicant has committed an act of adultery:
Provided that the husband or, as the case may be, the wife, of the applicant has not condoned, or connived at, or by his or her wilful neglect or misconduct conduced to such act of adultery.
(2) No order made under this Ordinance shall be enforceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of 3 months after it is made the married woman and her husband continue to reside together.
6A. For the purposes of this Ordinance, adultery and cruelty shall not be deemed to have been condoned by reason only of a continuation or resumption of cohabitation between the parties for one period not exceeding 3 months, or of any thing done during such cohabitation, if it is proved that cohabitation has continued or resumed, as the case may be, with a view to effecting a reconciliation. (Added, 33 of 1972, s. 25)
7. (1) The District Court may on the application of the married woman or her husband, and upon cause being shown on fresh evidence at any time alter, vary, discharge, suspend or revive after being so suspended any order (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instal- ments where all such instalments have been paid) made under this Ordinance, and may from time to time increase or diminish the amount of any unpaid instalment of a lump sum payment or periodi- cal payment or both ordered to be paid under section 5. (Amended, 35 of 1969, Schedule and 63 of 1986, s. 4)
Page 5Page 6
No comments yet.
Private notes are available after approval.