[Rev. 2012]
Matrimonial Causes
CAP. 152
32. Power to vary order
The court may from time to time vary or modify any order for periodical payment
of money made under this Act either by altering the times of payment or by
increasing or diminishing the amount, or may temporarily suspend the order as to
the whole or any part of the money ordered to be paid, and subsequently revive it
wholly or in part, as the court thinks just.
PART VI – MISCELLANEOUS
33. Power to allow intervention on terms
In every case in which any person is charged with adultery with any party to a
suit or in which the court may consider, in the interest of any person not already
a party to the suit, that that person should be made a party to the suit, the court
may, if it thinks fit, allow that person to intervene upon such terms, if any, as the
court thinks just.
34. Duties of President’s Proctor
In the case of any petition for divorce or for nullity of marriage—
(a) the court may, if it thinks fit, direct all necessary papers in the matter
to be sent to the President’s Proctor, who shall instruct counsel to
argue before the court any question in relation to the matter which
the court deems to be necessary or expedient to have fully argued,
and the President’s Proctor shall be entitled to charge the costs of the
proceedings as part of the expenses of his office;
(b) any person may at any time during the progress of the proceedings
or before the decree nisi is made absolute give information to the
President’s Proctor of any matter material to the due decision of the
case, and the President’s Proctor may thereupon take such steps as
he considers necessary or expedient;
(c) if in consequence of any such information or otherwise the President’s
Proctor suspects that any parties to the petition are or have been
acting in collusion for the purpose of obtaining a decree contrary to
the justice of the case, he may, after obtaining the leave of the court,
intervene and retain an advocate and subpoena witnesses to prove
the alleged collusion.
[Act No. 9 of 1967, Sch.]
35. Provisions as to costs where President’s Proctor intervenes or shows
cause
(1) Where the President’s Proctor intervenes or shows cause against a decree
nisi in any proceedings for divorce or nullity of marriage, the court may make such
order as to the payment by other parties to the proceedings of the costs incurred
by him in so doing or as to the payment by him of any costs incurred by any of the
said parties by reason of his so doing as may seem just.
(2) Any costs or other expenses incurred by the President’s Proctor in so
intervening or showing cause which are not fully satisfied by any order made under
this section for the payment of his costs shall be defrayed out of moneys provided
by the Legislature.
[Act No. 21 of 1961, Sch., Act No. 9 of 1967, Sch.]
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