Orders to which wife is entitled

Any married woman may apply to a court of summary jurisdiction acting within the judicial district in which the cause of complaint, wholly or partially, has arisen for an order or orders, which the court is hereby authorised to make, containing all or any of the provisions following– (a) that the applicant be no longer bound to cohabit with her husband, which provision while in force shall have the effect in all respects of a decree of judicial separation on the ground of cruelty; 6 (b) that the legal custody of any children of the marriage between the applicant and her husband, while under the age of eighteen years, be committed to the applicant; (c) that the husband shall pay to the applicant personally, or for her use to any officer of the court, or to any other person on her behalf, such weekly sum not exceeding one hundred dollars as the court, having regard to the means both of the husband and the wife, considers reasonable; (d) that, where the legal custody of any children of the marriage has been committed to the applicant, the husband shall pay to the applicant, or to any officer of the court or other person on her behalf, such weekly sum not exceeding fifty dollars as the court, having regard to the means both of the husband and the wife, considers reasonable, for the maintenance of each child until the child attains the age of eighteen years; or (e) that the applicant or the husband, or both of them, pay the costs of the court and such reasonable costs of either of the parties as the court may think fit. CAP. 98. 2.-(1) An application by a married woman for an order or orders under this Act shall allege one or more of the following (a) that the has been convicted summarily of an aggravated assault upon her within the meaning of section 50 of the Summary Jurisdiction (Offences) Act; Married Persons (Protection) [CAP. 175 7 (b) that the husband has been convicted upon indictment of an assault upon her and sentenced to pay a fine of more than fifty dollars or to a term of imprisonment exceeding two months; (c) that the husband has deserted her; (d) that the husband has been guilty of persistent cruelty to her, or to her children; (e) that the husband has been guilty of wilful neglect to provide reasonable maintenance for her or her infant children whom he is legally liable to maintain; (f) that the husband is a habitual drunkard; (g) that the husband, while suffering from a venereal disease and knowing that he was so suffering, insisted on having sexual intercourse with her; (h) that the husband has compelled her to submit herself to prostitution; or (i) that the husband has been guilty of adultery. (2) When the husband has, in the opinion of the court, been guilty of such conduct as was likely to result, and has resulted, in the wife’s submitting herself to prostitution, he shall, for the purposes of this section, be deemed to have compelled her so to submit herself. (3) Where a married woman is entitled to apply for an order or orders under this section on the ground of the conviction of her husband upon indictment, she may apply to the Supreme Court upon the conviction of her husband to make such order, and that court shall, for the purposes of this section, have the 8 power without a jury to hear the application and to make the order or orders applied for and to exercise all the other jurisdiction and powers of a court of summary jurisdiction under this Act.