Section 3
Payment of maintenance
of Native Customary Marriages (Maintenance) Ordinance, 2003
—
Where—
(a)
a native customary marriage has been dissolved or terminated by a Native Court or in accordance with any native system of personal law; or
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(b)
the wife has been deserted by the husband during the subsistence of such marriage; or
(c)
the husband has failed, refused or neglected to provide maintenance or support:
(i)
for the wife; or
(ii)
for any child of the marriage who is still a minor or who is physically or mentally disabled and is incapable of supporting himself, the court may order the husband to make periodical payment of sums of money or to make a lump sum payment, for the maintenance of the wife and any child of the marriage.
(2)
In determining the amount of any maintenance to be paid by the husband to his wife, the court shall base its assessment primarily on the means and needs of the parties, regardless of the proportion such maintenance bears to the income of the husband but may have regard to the degree of responsibility which each party bears for the breakdown of the marriage if such evidence is available before the court.