Women’s Charter 1961 · s 139O

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—(1) This section applies where the applicant for a maintenance order (called in this section the deceased applicant) dies while the application (whether made before, on or after the appointed day) is pending (called in this section the pending application) before a court.(2) A court may, upon the application of any person mentioned in subsection (3) and if it thinks it necessary in order to ensure that all matters in the pending application may be effectually and completely determined and adjudicated upon, order that the person be made the applicant in the pending application in place of the deceased applicant.(3) The persons who may make an application for an order under subsection (2) are as follows:(a)any person who is a guardian or has the actual custody of the child for whose maintenance the pending application relates;(b)any sibling of the child for whose maintenance the pending application relates and who has attained 21 years of age;(c)any person appointed by the Minister.
This section applies where the applicant for a maintenance order (called in this section the deceased applicant) dies while the application (whether made before, on or after the appointed day) is pending (called in this section the pending application) before a court.
A court may, upon the application of any person mentioned in subsection (3) and if it thinks it necessary in order to ensure that all matters in the pending application may be effectually and completely determined and adjudicated upon, order that the person be made the applicant in the pending application in place of the deceased applicant.
The persons who may make an application for an order under subsection (2) are as follows:(a)any person who is a guardian or has the actual custody of the child for whose maintenance the pending application relates;(b)any sibling of the child for whose maintenance the pending application relates and who has attained 21 years of age;(c)any person appointed by the Minister.

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s 139OCourt’s power to order replacement for deceased applicant in proceedings

(1)

This section applies where the applicant for a maintenance order (called in this section the deceased applicant) dies while the application (whether made before, on or after the appointed day) is pending (called in this section the pending application) before a court.

(2)

A court may, upon the application of any person mentioned in subsection (3) and if it thinks it necessary in order to ensure that all matters in the pending application may be effectually and completely determined and adjudicated upon, order that the person be made the applicant in the pending application in place of the deceased applicant.

(3)

The persons who may make an application for an order under subsection (2) are as follows:

(a)

any person who is a guardian or has the actual custody of the child for whose maintenance the pending application relates;

(b)

any sibling of the child for whose maintenance the pending application relates and who has attained 21 years of age;

(c)

any person appointed by the Minister.