CAP. 152
Matrimonial Causes
[Rev. 2012]
husband to pay to the wife during the joint lives of the husband and wife such
monthly or weekly sum for her maintenance and support as the court may think
reasonable:
Provided that—
(i) if the husband, after any such order has been made, becomes from
any cause unable to make the payments, the court may discharge or
modify the order, or 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 fit; and
(ii) where the court has made any such order as is mentioned in this
subsection and the court is satisfied that the means of the husband
have increased, the court may, if it thinks fit, increase the amount
payable under the order.
(4) Where any decree for restitution of conjugal rights or judicial separation is
made on the application of the wife, the court may make such order for alimony
as the court thinks just.
(5) In all cases where the court makes an order for alimony, the court may direct
the alimony to be paid either to the wife or to a trustee approved by the court on her
behalf, and may impose such terms or restrictions as the court thinks expedient,
and may from time to time appoint a new trustee if for any reason it appears to the
court expedient so to do.
26. Additional power of court to make order for maintenance
(1) Where a husband has been guilty of wilful neglect to provide reasonable
maintenance for his wife or the infant children of the marriage, the court, if it would
have jurisdiction to entertain proceedings by the wife for judicial separation, may,
on the application of the wife, order the husband to make to her such periodical
payments as may be just; and the order may be enforced in the same manner as
an order for alimony in proceedings for judicial separation.
(2) Where the court makes an order under this section for periodical payments
it may, if it thinks fit, order that the husband shall, to the satisfaction of the court,
secure to the wife the periodical payments, and for that purpose may direct that a
proper deed or instrument to be executed by all necessary parties shall be settled
and approved by the court.
[Act No. 5 of 1952, s. 4.]
27. Power of court to order settlement of wife’s property
(1) If it appears to the court in any case in which the court pronounces a decree
for divorce or for judicial separation by reason of the adultery, desertion or cruelty
of the wife that the wife is entitled to any property either in possession or reversion,
the court may, if it thinks fit, order such settlement as it thinks reasonable to be
made of the property, or any part thereof, for the benefit of the innocent party, and
of the children of the marriage or either or any of them.
(2) An instrument made under any order of the court made under this section
shall be valid and effectual, notwithstanding the existence of coverture at the time
of the execution thereof.
[Issue 1]
M9 - 14
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