Women’s Charter 1961 · 2020 Revised Edition · Part 10C · Replacement Because of Death
139O. Court’s power to order replacement for deceased applicant in proceedings
Last amended by an amending law of 2023.
Official textFrom Singapore Statutes Online, unchanged
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.
applicant
“applicant” means a person who makes a maintenance enforcement application;
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.
place
“place” means any building, house, office, flat, room or cubicle or any part thereof, and any open or enclosed space and includes a ship, boat or any vessel, whether afloat or not, and any vehicle;
The persons who may make an application for an order under subsection (2) are as follows:
any person who is a guardian or has the actual custody of the child for whose maintenance the pending application relates;
any sibling of the child for whose maintenance the pending application relates and who has attained 21 years of age;
any person appointed by the Minister.
Terms defined in this Act
applicant
Defined · s 76“applicant” means a person who makes a maintenance enforcement application;
appointed day
Defined · s 76“appointed day” means the date of commencement of section 24 of the Family Justice Reform Act 2023;
child
Defined · s 122“child” means a child of the marriage as defined in section 92 but who is below 21 years of age.
maintenance order
Defined · s 8“maintenance order” means —(a)an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child made or deemed to be made by a court under Part 8;(b)an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;(c)an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; or(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
place
Defined · s 2“place” means any building, house, office, flat, room or cubicle or any part thereof, and any open or enclosed space and includes a ship, boat or any vessel, whether afloat or not, and any vehicle;
Spot a mistake in this text? Suggest a correction.
Part 11
Offences Against Women and Girls
Part 12