Administration of Justice (Miscellaneous Provisions) Act, 1938 as the courts read it.

By the Administration of Justice (Miscellaneous Provisions) Act, 1938,1(1) section 14, the court may, at any time after the making of an order for payment of alimony pending suit, permanent alimony, periodical payments, maintenance (except as to secured maintenance), or maintenance of the children, vary, discharge, or temporarily suspend the provisions of such order, or revive the operation of any provision so suspended. In dealing with an application of this kind, the court has an unfettered discretion to consider all the circumstances of the case including the increase or decrease in the means of either of the parties to the marriage. Where periodical payments have been secured, any deed executed by the parties in obedience to the order must be regarded as part of the order, and the court has the same power to vary the deed as it has to vary the order. The fact that an order was made by consent does not prevent it from being varied. The court may have regard to the conduct of the parties including the re-marriage of the wife, in the same manner as in the hearing of the application for the order in the first instance.

CRENTSIL v. CRENTSIL [1962] 2 GLR 171 [1962] SLR (SC) 60 · Supreme Court · 1962 · SARKODEE-ADOO JSC