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Section 5

Wife living separate from husband

of Married Women and Children (Maintenance) Act 1950

ActIn forceProvision 5 of 12
Section 5
(1)

If any person, against whom an order has been applied for or made for the maintenance of his wife, offers to maintain his wife on condition of her living with him, and his wife refuses to do so, the court shall consider any grounds of refusal stated by such wife, and may make or enforce the order aforesaid, notwithstanding such offer, if it is satisfied that such person is living in adultery or for any other reason it is just so to do.

Cases in which wife not entitled to allowance

(2)

No wife shall be entitled to receive an allowance from her husband under this Act if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband.

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Married Women and Children (Maintenance)