Separation and Maintenance Orders Ordinance

(1)
On any application under
section 3
, the District Court may make an order containing all or any of the following
provisions—
(a)
that the applicant be no longer bound to cohabit with the other party to the marriage (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty);
(b)
that the legal custody of any children of the marriage be committed to the husband, or to the wife, until such children attain the age of 18 years;
(c)
that the husband or wife shall pay to the other party to the marriage, or to the Registrar of the District Court or any third person on such other party’s behalf, such lump sum (whether in one amount or by instalments) or periodical payments or both as the court, having regard to the means of both of the parties to the marriage, considers reasonable, and an order under this paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining such other party before the making of the order to be met;
(d)
that the husband or wife shall pay to the other party to the marriage, or to the said Registrar or any third person on such other party’s behalf, such lump sum (whether in one amount or by instalments) or periodical payments or both as the court considers reasonable, having regard to the means of both of the parties to the marriage, for the maintenance and education of each child of the marriage committed to such other party’s custody under paragraph (b);
(e)
a provision for payment by the husband or the wife, or both of them, of such reasonable costs of the parties or either of them as the court may think fit.
(2)
An order under subsection
(1
)(
d)
directing a lump sum payment for the maintenance and education of a child of the marriage shall only be made for the purpose
of—
(a)
providing for the immediate and non-recurring needs of the child; or
(b)
enabling any liabilities or expenses reasonably incurred in maintaining or educating the child before the making of the order to be met,
or for both such purposes.
(3)
In making an order under subsection (1), the court shall have regard primarily to the best interests of the children.