[Rev. 2012]
Matrimonial Causes
CAP. 152
(3) Where the application for restitution of conjugal rights is by the husband, and
it appears to the court that the wife is entitled to any property, either in possession
or reversion, or is in receipt of any profits of trade or earnings, the court may, if
it thinks fit, order a settlement to be made to the satisfaction of the court of the
property or any part thereof for the benefit of the petitioner and of the children of the
marriage or either or any of them or may order such part of the profits of trade or
earnings, as the court thinks reasonable, to be periodically paid by the respondent
to the petitioner for his own benefit, or to the petitioner or any other person for the
benefit of the children of the marriage, or either or any of them.
28. Power of court to make orders as to application of settled property
The court may, after pronouncing a decree for divorce or for nullity of marriage,
inquire into the existence of ante-nuptial or post-nuptial settlements made on the
parties whose marriage is the subject of the decree, and may make such orders
with reference to the application of the whole or any part of the property settled
either for the benefit of the children of the marriage or for that of the parties to the
marriage, as the court thinks fit, and the court may exercise the powers conferred
by this section notwithstanding that there are no children of the marriage.
29. Protection orders
(1) Any wife in whose property the husband has acquired an interest by virtue
of the marriage may, if deserted by him, apply by petition to the court for an order
to protect any property which she may have obtained or may obtain after the
desertion, against him and his creditors and any person claiming under him.
(2) The court may, if satisfied that the desertion was without reasonable excuse,
and that the wife is maintaining herself, make such order.
(3) The order shall state the time at which the desertion commenced, and shall,
as regards all persons dealing with the wife in reliance thereon, be conclusive as
to such time.
(4) While any such order is in force, the wife shall be, and be deemed to have
been from the date of the desertion, in the like position in all respects with regard
to property and contracts and suing and being sued as she would be if she had
obtained a decree of judicial separation under this Act.
(5) The husband, or any creditor or person claiming under him, may apply to the
court for the discharge or variation of the order, and the court may, if the desertion
has ceased, or if for any other cause it thinks fit so to do, discharge or vary the
order accordingly.
(6) If the husband or any creditor or person claiming under him seizes or
continues to hold any property of the wife after notice of any such order, the wife
may, by action, recover such property, and also a sum equal to double its value.
30. Custody and maintenance of children
(1) In any proceedings for divorce or nullity of marriage or judicial separation,
the court may from time to time, either before, or by, or after the final decree, make
such provision as appears just with respect to the custody, maintenance
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