CHAPTER 28:03
DESERTED WIVES AND CHILDREN PROTECTION

ARRANGEMENT OF SECTIONS

   SECTION

   1.    Short title

   2.    Interpretation

   3.    Complaint

   4.    Court may make order for maintenance

   5.    Order not to be made when wife guilty of adultery

   6.    Effect of order

   7.    Trial may be in private

   8.    Order may be certified and transmitted to other courts

   9.    Reciprocity with other countries

Law 29, 1962,
HMC Order 1, 1963,
L.N. 84, 1966,
Act 77, 1970,
Act 22, 1978.

An Act to provide for the making of orders for the maintenance of wives and children who have been deserted and are without adequate means of support and for matters incidental thereto.

[Date of Commencement: 25th July, 1963]

1.   Short title

   This Act may be cited as the Deserted Wives and Children Protection Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "acts of cruelty" include conduct creating a danger to life, limb or health or any course of conduct which in the opinion of the court is grossly insulting and intolerable or is of such a character without proof of actual personal violence that the wife or children seeking maintenance could not reasonably be expected to be willing to live with the husband or father after he has been guilty of the same;

   "child" means a person-

   (a)   under the age of 16 years;

   (b)   who has attained the age of 16 years but has not attained the age of 21 years and is not earning his own living;

   "court" means a magistrate's court;

   "district", in relation to any magistrate's court, means the district or sub-district or area within which such court has jurisdiction;

   "wife" means a wife recognized as such by law or by customary law.

   (2) For the purposes of this Act-

   (a)   a wife shall be regarded as having been deserted if she is without adequate means of support and-

      (i)   her husband has deserted her;

      (ii)   her husband has without sufficient cause refused or neglected to provide her with food or other necessaries of life;

      (iii)   her husband is guilty of adultery which has not been condoned; or

      (iv)   she is living apart from her husband because of his acts of cruelty or because he is an habitual drunkard;

   (b)   a child shall be regarded as having been deserted by his father if such child is without adequate means of support and-

      (i)   the father has deserted the child;

      (ii)   the father has without sufficient cause refused or neglected to provide such child with food or other necessaries of life; or

      (iii)   the child has left or has been removed from the home of the father because of the acts of cruelty of the father or because the father is an habitual drunkard,

and the terms "deserted" and "desertion" shall be construed accordingly.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Please click here to login