Courts Act, 1971
|
Weekly payments under Married Women (Maintenance in case of Desertion) Act, 1886. |
18.—(1) The weekly sum payable under paragraph (1) of section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886, by a husband to his wife shall be such sum for her support as the court may consider to be in accordance with his means and with any means the wife may have together with such sum for the support of any child of the husband and wife who is wholly or partly supported and maintained by the wife until that child attains the age of 16 years as the court may consider to be in accordance with the means of the husband and the means (if any) of the child and the degree of support and maintenance the child is receiving from the wife. | |
(2) The power to vary a weekly sum payable under the said section 1 shall include a power to vary the sum— | ||
(a) upon proof that the means of a child for whose support part of the sum is payable have been altered in amount since the original order determining it or any subsequent order varying it was made, and | ||
(b) without the proof of alteration in means referred to in the said section 1 if the sum is payable under an order made before the passing of this Act. | ||
(3) Paragraph (2) of the said section 1 shall not have effect in relation to any part of a weekly sum under the said section 1 which is or would be payable for the support of a child. | ||
(4) (a) Subject to subsection (5) of this section, the High Court shall, concurrently with the District Court, have jurisdiction to hear and determine proceedings under sections 1 and 2 of the said Married Women (Maintenance in case of Desertion) Act, 1886. | ||
(b) Rules of court shall provide for the conduct of proceedings in the High Court under the said sections 1 and 2 in a summary manner. | ||
(c) The costs of proceedings in the High Court under the said sections 1 and 2 shall be at the discretion of the court. | ||
(5) (a) The District Court shall not have jurisdiction to make an order under the said section 1 or 2 for the payment of a weekly sum of which more than £15 is for the support of a wife or of which more than £5 is for the support of a child. | ||
(b) Nothing in this section shall be construed as conferring on the District Court jurisdiction to make an order under the said section 1 or 2 in any matter in relation to which the High Court has made an order under either of those sections. | ||
(6) In this section “child of the husband and wife” includes— | ||
(a) a legitimate or illegitimate child of the husband or the wife, and | ||
(b) a child adopted by the husband and wife or either of them under the Adoption Acts, 1952 and 1964, | ||
who, immediately before the desertion of the wife by the husband, was wholly or partly supported and maintained by the husband and wife. |