HL Deb 27 July 1925 vol 62 cc453-4

Page 3, line 31; at end insert as a new clause:

Power to order interim payments where application for maintenance of married woman is adjourned.

.—(1) Where, on the hearing of an application for an order of maintenance, the application is adjourned for any period exceeding one week, the court may order that the husband do pay to an officer of the court or to a third person a weekly sum (not exceeding such an amount as might be ordered to be paid under a final order) for the maintenance of the wife and any child or children in her custody until the final determination of the case: Provided that the order directing such payment shall not remain in operation for more than three months from the date on which it was made.

(2) Any such order shall be enforced in like manner as if it were a final order of the court.

The Commons propose to amend this Amendment as follows: Line 4, after the first ("to") insert ("the wife, or to") Lines 4 and 5, leave out ("to a") Line 5, after ("person") insert ("on her behalf").

THE LORD CHANCELLOR

My Lords, this Amendment deals with a smaller matter and provides for payment being made during an adjournment of an application for a separation order. The payments under the clause as it stood were to be made to an officer of the court or to a third person on behalf of the wife. It is proposed by the Commons Amendment that the payment may be made to the wife herself in a proper case. That seems to me to bring this part of the Bill into accordance with the provisions of the Summary Jurisdiction (Married Women) Act, 1895. I therefore ask your Lordships to agree with the Amendments.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)

On Question, Motion agreed to.