Sub-Title E - Civil Law

• Author: Ralph Hone
• Pages: #3

60 Matrimonial Causes

CHAPTER 60.

MATRIMONIAL CAUSES.

ARRANGEMENT OF SECTIONS.

SECTION.

1. SHORT TITLE.

2. INTERPRETATION.

   Judicial Separation.

3. GROUNDS FOR OBTAINING A DECREE.

4. APPLICATION FOR RESTITUTION OF CONJUGAL RIGHTS OR FOR SEPARATION HOW MADE.

5. PROPERTY OF A WIFE DESERTED BY HER HUSBAND PROTECTED.

6. AGGRAVATED ASSAULT UPON A WIFE HOW DEALT WITH.

7. PROCEEDINGS BEFORE MAGISTRATE OR COURT.

8. REVERSAL OF DECREE OF JUDICIAL SEPARATION.

9. WIFE'S ALIMONY MAY BE PAID TO A TRUSTEE.

10. A WIFE TO BE CONSIDERED A feme sole AFTER JUDICIAL SEPARATION.

11. WHEN A WIFE MAY BE CONSIDERED A feme sole FOR CONTRACTS, WRONGS, ETC.

12. FURTHER EFFECT OF A DECREE FOR JUDICIAL SEPARATION, 13. A WIFE'S EARNINGS PROTECTED OR ANY CORPORATION WHO MAY DEAL WITH HER.

14. DATE OF PROTECTION.

15. PROTECTION TO PERSONS WHO MAKE PAYMENT TO WIFE. Divorce.

16. GROUNDS ON WHICH A HUSBAND OR WIFE MAY PETITION FOR DISSOLUTION OF MARRIAGE.

    MODE OF PROCEEDING ON PRESENTATION OF ANY SUCH PETITION.

17. COURT MAY ORDER RESPONDENT OR CO-RESPONDENT TO BE DISMISSED FROM SUIT.

18. GROUNDS FOR DISMISSING PETITION.

19. POWER OF COURT ON PROOF OF ADULTERY.

20. COURT MAY SECURE TO WIFE UNDER DECREE OF DISSOLUTION OF MARRIAGE A GROSS SUM OF MONEY OR WEEKLY SUMS.

    Custody, Damages, Procedure, Etc.

21. CUSTODY, EDUCATION AND MAINTENANCE OF CHILDREN.

22. ANTE-NUPTIAL OR POST-NUPTIAL SETTLEMENT.

23. COURT MAY GIVE RELIEF IN CERTAIN CASES WITHOUT FILING PETITION.

24. DAMAGES MAY BE CLAIMED BY HUSBAND FROM ANY PERSON ON THE GROUND OF ADULTERY.

25. COSTS.

26. INTERIM ORDERS FOR CUSTODY AND EDUCATION OF CHILDREN.

27. FACTS ARISING IN PROCEEDINGS.

28. WHEN A QUESTION IS ORDERED TO BE TRIED BY JURY, THEY MAY BE SUMMMONED AS IN THE COURT.

29. QUESTION TO BE TRIED TO BE REDUCED INTO WRITING.

30. ISSUES MAY BE TRIED IN COURT.

31. EVERY DECREE FOR DIVORCE OR FOR NULLITY OF MARRIAGE TO BE A DECREE nisi. LIBERTY TO SHOW WHY DECREE SHOULD NOT BE MADE ABSOLUTE. ATTORNEY GENERAL MAY INTERVENE.

32. COSTS OF PERSONS INTERVENING.

33. COURT MAY SEND PAPERS TO ATTORNEY GENERAL.

34. - SETTLEMENT OF PROPERTY FOR BENEFIT OF INNOCENT PARTIES.

35. ' WHEN DIVORCED PERSONS MAY MARRY AGAIN.

36. CRIMINAL CONVERSATION.

37. POWER TO APPOINT COMMISSIONERS ON OUT ISLANDS TO ADMINISTER OATHS.

    CHAPTER 60.

    MATRIMONIAL CAUSES.

    AN ACT RELATING TO DIVORCE AND MATRIMONIAL CAUSES WITHIN THE COLONY.

    [11th March 1879.] 1. This Act may be cited as The Matrimonial Causes Act.

2. In this Act, unless the context otherwise requires'court' means the Supreme Court.

   Judicial Separation.

3. A decree for a judicial separation which shall have the effect of a divorce a mensa et thoro under what was, prior to the passing of the Act of the Imperial Parliament twentieth and twenty-first Victoria, chapter eighty-five, the law of England, may be obtained in the court, on any ground or grounds on which such a decree can be obtained in England.

4. Application for restitution of conjugal rights or for judicial separation on any one of the grounds aforesaid may be made by either husband or wife by petition to the court, and the court, on being satisfied of the truth of the allegations, therein contained, and that there is no legal ground why the same should not be granted, may decree such restitution of conjugal rights or judicial separation accordingly, and, where the application is by the wife, may make any order for alimony which shall be deemed just.

5. A wife deserted by her husband may, at any time after such desertion, apply to the court, or to a magistrate, for an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of after such desertion, against her husband or his creditors, or any person claiming under him, and the court or magistrate, 6 of 1879.

   18 of 1954.

   1 of 1957.

   47 of 1961.

   7 of 1962.

   43 of 1964.

   46 of 1964.

   Short title.

   Interpretation.

   Grounds for obtaining a decree.

   Application for restitution of conjugal rights or for separation how made.

   Property of a wife deserted by her husband protected.

   if satisfied of the fact of such desertion, and that the same was without reasonable cause, and that the wife is maintaining herself by her own industry, or property, may make and give to the wife an order protecting her earnings and property acquired since the commencement of such desertion, from her husband and all creditors and persons claiming under him, and such earnings and property shall belong to the wife as if she were a feme sole:

   Provided that every such order, when made by a magistrate, shall, within ten days after the making thereof, if made in New Providence, and within thirty days if made elsewhere, be entered with the Registrar of the court, and that it shall be lawful for the husband and any creditor or other person claiming under him, to apply to the court or to the magistrate by whom such order was made for the discharge thereof:

   Provided also that, if the husband shall seize or continue to hold any property of the wife, after notice of any such order, he shall be liable at the suit of the wife (which she is hereby empowered to bring) to restore the specific property, and also for a sum equal to double the value of the property so seized or held after such notice as aforesaid:

   Provided further that if any such order of protection be made, the wife shall, during the continuance thereof, be and be deemed to have been during such desertion of her in the like position in all respects with regard to property and contracts, and suing and being sued as she would be under this Act if she obtained a decree of judicial separation.

6. If a husband shall be convicted summarily or otherwise of an aggravated assault within the meaning of any Act upon his wife, the court or magistrate before whom he shall be so convicted may, if satisfied that the future safety of the wife is in peril, order that the wife shall be no longer bound to cohabit with her husband;

   and such order shall have the force and effect in all respects of a decree of judicial separation on the ground of cruelty; and such order may further provide(a) that the husband shall pay to his wife such weekly sum as the court or magistrate may consider to be in accordance with his means, and with any means which the wife may have for her support, and the court or magistrate by whom such order for payment of money shall be made shall Aggravated assault upon a wife how dealt with.

   wife's support under order of separation.

   have power from time to time to vary the same on the application of either the husband or wife, upon proof that the means of the husband or wife have been altered in amount since the original order or any subsequent order varying it shall have been made;

   (b) that the legal custody of any children of Custody of the marriage under ten years of age shall, in the children.

   discretion of the court or magistrate, be given to the wife:

   Provided that no order for payment of money by the husband, or for the custody of the children by the wife, shall be made in favour of a wife who shall be proved to have committed adultery, unless such adultery has been condoned; and that any order for payment of money or for the custody of the children may be discharged by the court or magistrate by whom such order was made upon proof that the wife has since the making thereof been guilty of adultery:

   Provided also that all orders made under this section by a magistrate shall be subject to appeal to the court, and the decision thereon shall be final.

7. The proceedings before magistrates under this Proceedings before Act shall be governed by the provisions of The Magis- magistrate or trates Act, as well in enforcing orders made as in court.

   investigating complaints preferred, and the proceedings Ch. 36.

   before the Supreme Court shall be regulated by such rules as the Rules Committee under section 41 of The Supreme Court Act may from time to time make and 46 of 1964, Schd.

   enact for the purpose, and in all such proceedings the Ch. 35.

   parties, husband and wife, shall be competent witnesses for both parties.

8. Any husband or wife, upon the application of Reversal of decree of whose wife or husband, as the case may be, a decree of judicial judicial separation has been pronounced, may at any separation.

   time thereafter present a petition to the court, praying for a reversal of such decree on the ground that it was obtained in his or her absence, and that there was reasonable ground for the alleged desertion, where desertion was the ground of such decree, and the court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly, but the reversal thereof shall not prejudice or affect the rights or remedies which any other person would have had in case such reversal had not been decreed in respect of any debts, contracts or acts of the wife incurred, entered into or done between the time of the sentence of separation and of the reversal thereof.

   Wife's alimony may be paid to a trustee.

   A wife to be considered a feme sole after judicial separation.

   When a wife may be considered a feme sole for contracts, wrongs, etc.

9. In all cases in which the court shall make any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf, to be approved of by the court, and may impose any term or restriction which to the court may seem expedient, and may from time to time appoint a new trustee, if for any reason it shall appear to the court expedient so to do.

10. In every case of a judicial separation the wife shall from the date of the sentence, and whilst the separation shall continue, be considered as a feme sole with respect to property of every description which she may acquire or which may come to, or devolve upon her, and such property may be disposed of by her in all respects as a feme sole, and on her decease the same shall, in case she shall die intestate, go as the same would have gone if her husband had been dead:

    Provided that...