The Matrimonial Causes (Amendment) Ordinance, 1961

In Her Majcsty's name20th day of April, 1961. (LS No. 16 BE assent to this Ordinance this MAURICE H. DORMAN, Governor. UNIT FREEDO subsection STICE Sierra Leone An Ordinance to Amend the Matrimonial Causes Ordinance, 1949 IT BNACTBD by the Legislature of Sierra Leone, as follows: 1, This Ordinance may be cited as the Matrimonial Causes (Amendment) Ordinance, 1961. A 137 [lth May, 1961.] Date of com No. 9 of 1949, «(1) Where a decree of nullity is granted in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if it had been dissovled, instead of being annulled, on the date of the decree shall be deemed to be their legitimate child notwithstanding the annulment.". moncement.

Ordinance, 1949 (hereinafter referred to as the principal Ordin- of section 3 ance) is hereby repcaled and replaced by the following of Ord. No. Short title. 9 of 1949. A 138 Repeal and replacennent ofthe prin cipal Ord.

Scetion 26 of the principal Ordinance is hercby repcaledof section 26 and replaced by the following scction No, 16 Insertion of Repeal and and main tenance. "Power to 26. () Where the court has made any order under discharge oT this Ordinance for the making or sccuring of periodical varyorders foralinoIy Dayments, the court shall havc power to discharge or vary the order or to suspend any provisions thereof temporarily and to revive the operation of any provi sions so suspcnded. Matrimonial Cuuses (Amendlment) Mainten

The principal Ordinance is hereby amended by insertingnew section immediately after section 29, the following new section 29A in prin cipal Ord. ance. (2) The powers exercisable by the court under the preceding subsection in relation to any order shall be exercisable also in relation to any deed or other instrument executed in pursuance of the order. (3) In exxercising the powers conferred by this section, the court shall have regard to all the circum stances of the case, including any increase or decrease in the means of either of the parties to the marriage.". 29A. (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 /n 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 may for that purpose order a proper deed or instru ment to be executed by all necessary parties.".

Section 30 of the principal Ordinance is hereby repealedreplacement and replaced by the following section of section 30 of the prin cipal Ord. Jurisdic- 30. (1) The court shall have jurisdiction in tion of court cases where Proceedings by a wife for divorce, notwithstanding that the husband is not domiciled in Sierra Leone, if the peti tioner is not the wife is resident in Sierra Leone and has been domiciled in ordinarily resident there for a period of three years Sierra Leone. jmmediately preceeding the commencement of the proceedings. (2) Without prejudice to any jurisdiction exercis able by the court apart from this section, the provisions of the preceding subsection shall apply to proceedings for nullity of marriage as they apply to proceedings for divorce. No. 16 Matrimonial Causes (Amendment) 1961 (3) In procecdings under subscction (1) of scCtion 29 of this Ordinance thc court shall havcjurisdiction in thc following cuscs only, that is to say (a) n any procccdings, if the pctitioncr is domiciledin Sierra Leonc; (0) in procecdings by the wilc, if shc is resident inSierra Lcone and has been ordinarily residentthere for a period of three years immediateypreceding the commencement of the proceedngs ; and in determining for the purposes of this subsectionwhether a woman is domiciled in Sierra Leone, herhusband shall be treated as having died immediatelyafter the last 0ccasion on which she knew or hadreason to believe him to be living. (4) Where a wife has been deserted by herhusband or where her husband has been deported fromSierra Leone under any law for the time being in forcerelating to deportation or expulsion, and the husbandwas immediately before the desertion, deportation orexpulsion domiciled in Sierra Leone, the court shallhave jurisdiction for the purpose of any proceedingsunder this Ordinance notwithstanding that the husbandhas changed his domicile since the desertion, deportation or expulsion. (5) In any proceedings in which the court has jurisdiction by virtue of this section, the issues shallbe determined in accordance with the law which wouldbe applicable thereto if both parties were domiciledin Sierra Leone at the tme of the proceedings.". M.P. 12099 Passed in the House of Representatives this 28th day of March, inthe year of our Lord one thousand nine hundred and sixty-one, A 139 S. V. WRIGHT, Clerk of the House of Representatives. THIS PRINTED IMPRESSION has been carefully compared by me withthe Bill which has passed the House of Representatives and found by me tobe a true and correct copy of the said Bil1. S. V. WRIGHT, Clerk of the House of Representatives.