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Section 77

Power for court to order maintenance of spouse

of Law Reform (Marriage and Divorce) Act 1976

ActIn forceProvision 80 of 113
Section 77

(a)

during the course of any matrimonial proceedings;

(b)

when granting or subsequent to the grant of a decree of divorce or judicial separation;

(c)

if, after a decree declaring her presumed to be dead, she is found to be alive.

(2)

The court shall have the corresponding power to order a woman to pay maintenance to her husband or former husband where he is incapacitated, wholly or partially, from earning a livelihood by reason of mental or physical injury or ill-health, and the court is satisfied that having regard to her means it is reasonable so to order.