sec.16Court may order payment of preliminary expenses etc.

### sec.16 Court may order payment of preliminary expenses etc. Where the court, upon complaint made by or on behalf of a woman, is satisfied— that she is pregnant by the defendant (not being her husband) or has been delivered of a child or a stillborn child of whom the defendant (not being her husband) is the father; and that the defendant has not made adequate provision for the payment of her preliminary expenses; the court may order the defendant to pay for preliminary expenses such amount as it thinks reasonable. Where a woman might, but for her death, have made a complaint under subsection (1) , the complaint may be made by any person who has paid or is liable to pay the preliminary expenses. A complaint referred to in subsection (1) or (1A) or a claim referred to in subsection (8) shall not be made after the expiration of 12 months after the birth or stillbirth of the child. An order shall not be made under subsection (1) where the woman for whose benefit the order is sought is pregnant unless the court is satisfied by the evidence or a certificate of a medical practitioner that the woman is quick with child. Where an order under subsection (1) was made in the case of a woman who was pregnant by the defendant and— the woman is not delivered of a child or a stillborn child before a date specified in the order for the purposes of this subsection, being a date not later than 6 months after the order was made; or the woman is delivered of a stillborn child before the date so specified; the order ceases to have effect on the date so specified or on the delivery of the stillborn child, as the case may be. Where an order ceases to have effect on the date specified in the order for the purposes of subsection (4) any moneys paid under the order and not disbursed shall be repaid to the defendant. Where an order ceases to have effect on the delivery of a stillborn child, any moneys paid under the order and not disbursed shall, as directed by the court— be paid to the woman; or be repaid to the defendant; or be divided between the woman and the defendant in such proportions as the court thinks fit. Where an order is made under subsection (1) in the case of a woman who is pregnant by the defendant— the court may, at any time while the order is in force, with or without any application for that purpose, and, if upon application, after notice of such application given in such manner and to such persons as the court may direct, give such directions as the court thinks proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disbursement, before the woman is delivered of a child or stillborn child, of amounts aggregating more than one-half of the amount to be paid under the order; and amounts paid under the order shall not be disbursed otherwise than in accordance with directions so given. Where a complaint has been made under section 14 , the court may, if a claim for preliminary expenses is made at the hearing of the complaint, and subject to subsection (2) , make an order under subsection (1) for the payment of those expenses, notwithstanding that a complaint has not been made under this section. Where a claim referred to in subsection (8) is made, the court shall, on the application of the defendant, if it is of opinion that the defendant would be prejudiced unless the hearing were adjourned, adjourn the hearing for such period as it thinks fit. The adoption of a child, whether before or after the commencement of this Act, does not prevent the making of an order for preliminary expenses in the same manner as if the child had not been adopted and does not affect the validity or operation of any order for preliminary expenses in respect of the child. The death of a child, whether before or after the commencement of this Act, does not prevent the making of an order for preliminary expenses in the same manner as if the child had not died. In this section— child includes an adopted child. (sec.16-ssec.1) Where the court, upon complaint made by or on behalf of a woman, is satisfied— that she is pregnant by the defendant (not being her husband) or has been delivered of a child or a stillborn child of whom the defendant (not being her husband) is the father; and that the defendant has not made adequate provision for the payment of her preliminary expenses; the court may order the defendant to pay for preliminary expenses such amount as it thinks reasonable. (sec.16-ssec.1A) Where a woman might, but for her death, have made a complaint under subsection (1) , the complaint may be made by any person who has paid or is liable to pay the preliminary expenses. (sec.16-ssec.2) A complaint referred to in subsection (1) or (1A) or a claim referred to in subsection (8) shall not be made after the expiration of 12 months after the birth or stillbirth of the child. (sec.16-ssec.3) An order shall not be made under subsection (1) where the woman for whose benefit the order is sought is pregnant unless the court is satisfied by the evidence or a certificate of a medical practitioner that the woman is quick with child. (sec.16-ssec.4) Where an order under subsection (1) was made in the case of a woman who was pregnant by the defendant and— the woman is not delivered of a child or a stillborn child before a date specified in the order for the purposes of this subsection, being a date not later than 6 months after the order was made; or the woman is delivered of a stillborn child before the date so specified; the order ceases to have effect on the date so specified or on the delivery of the stillborn child, as the case may be. (sec.16-ssec.5) Where an order ceases to have effect on the date specified in the order for the purposes of subsection (4) any moneys paid under the order and not disbursed shall be repaid to the defendant. (sec.16-ssec.6) Where an order ceases to have effect on the delivery of a stillborn child, any moneys paid under the order and not disbursed shall, as directed by the court— be paid to the woman; or be repaid to the defendant; or be divided between the woman and the defendant in such proportions as the court thinks fit. (sec.16-ssec.7) Where an order is made under subsection (1) in the case of a woman who is pregnant by the defendant— the court may, at any time while the order is in force, with or without any application for that purpose, and, if upon application, after notice of such application given in such manner and to such persons as the court may direct, give such directions as the court thinks proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disbursement, before the woman is delivered of a child or stillborn child, of amounts aggregating more than one-half of the amount to be paid under the order; and amounts paid under the order shall not be disbursed otherwise than in accordance with directions so given. (sec.16-ssec.8) Where a complaint has been made under section 14 , the court may, if a claim for preliminary expenses is made at the hearing of the complaint, and subject to subsection (2) , make an order under subsection (1) for the payment of those expenses, notwithstanding that a complaint has not been made under this section. (sec.16-ssec.9) Where a claim referred to in subsection (8) is made, the court shall, on the application of the defendant, if it is of opinion that the defendant would be prejudiced unless the hearing were adjourned, adjourn the hearing for such period as it thinks fit. (sec.16-ssec.10) The adoption of a child, whether before or after the commencement of this Act, does not prevent the making of an order for preliminary expenses in the same manner as if the child had not been adopted and does not affect the validity or operation of any order for preliminary expenses in respect of the child. (sec.16-ssec.11) The death of a child, whether before or after the commencement of this Act, does not prevent the making of an order for preliminary expenses in the same manner as if the child had not died. (sec.16-ssec.12) In this section— child includes an adopted child. - (a) that she is pregnant by the defendant (not being her husband) or has been delivered of a child or a stillborn child of whom the defendant (not being her husband) is the father; and - (b) that the defendant has not made adequate provision for the payment of her preliminary expenses; - (a) the woman is not delivered of a child or a stillborn child before a date specified in the order for the purposes of this subsection, being a date not later than 6 months after the order was made; or - (b) the woman is delivered of a stillborn child before the date so specified; - (a) be paid to the woman; or - (b) be repaid to the defendant; or - (c) be divided between the woman and the defendant in such proportions as the court thinks fit. - (a) the court may, at any time while the order is in force, with or without any application for that purpose, and, if upon application, after notice of such application given in such manner and to such persons as the court may direct, give such directions as the court thinks proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disbursement, before the woman is delivered of a child or stillborn child, of amounts aggregating more than one-half of the amount to be paid under the order; and - (b) amounts paid under the order shall not be disbursed otherwise than in accordance with directions so given.