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Old 15-05-2011, 11:36 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 4 FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS

Duration of orders for maintenance
117. Except where an order for maintenance is expressed to be for any shorter period or where any such order has been rescinded, an order for maintenance shall expire

(a) if the maintenance was unsecured, on the death of the husband or of the wife, whichever is the earlier, or upon the remarriage of the wife;

(b) if the maintenance was secured, on the death of the wife or upon the remarriage of the wife.[42/2005]

Power of court to vary orders for maintenance
118. The court may at any time vary or rescind any subsisting order for maintenance, whether secured or unsecured, on the application of the person in whose favour or of the person against whom the order was made, or, in respect of secured maintenance, of the legal personal representatives of the latter, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.[42/2005]

Power of court to vary agreements for maintenance
119. Subject to section 116, the court may at any time and from time to time vary the terms of any agreement as to maintenance made between husband and wife, whether made before or after 1st June 1981, where it is satisfied that there has been any material change in the circumstances and notwithstanding any provision to the contrary in any such agreement.
[42/2005]

Maintenance payable under order of court to be inalienable
120. Maintenance payable to any person under any order of court shall not be assignable or transferable or liable to be attached, sequestered or levied upon for, or in respect of, any debt or claim whatsoever.[42/2005]

Recovery of arrears of maintenance
121. (1) Subject to subsection (3), arrears of unsecured maintenance, whether payable by arrangement or under an order of court, shall be recoverable as a debt from the defaulter and, where they accrued due before the making of a bankruptcy order against the defaulter, shall be provable in his bankruptcy and, where they accrued due before his death, shall be a debt due from his estate.[42/2005]

(2) Subject to subsection (3), arrears of unsecured maintenance which accrued due before the death of the person entitled thereto shall be recoverable as a debt by the legal personal representatives of such person.
[42/2005]

(3) No amount owing as maintenance shall be recoverable in any suit if it accrued due more than 3 years before the institution of the suit unless the court, under special circumstances, otherwise allows.[42/2005]
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