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(1) Either party to a marriage may petition the Court for an order for maintenance on the ground that the other party to the marriage has willfully neglected to provide, or to make a proper contribution towards, reasonable maintenance for the petitioner or a child of the household.

(2) A wife shall not be deemed to have willfully neglected her husband unless the Court is satisfied that, in all the circumstances, it is reasonable to expect the wife to provide or contribute towards maintenance for her husband, and for the purpose of so satisfying itself the Court shall consider

(a) an impairment of the husband’s earning capacity, whether through age, illness, disability or otherwise,

(b) the resources of the husband,

(c) the earning capacity and the resources of the wife, and

(d) any other circumstances relating to the financial position of the parties.

(3) A respondent shall not be deemed to have willfully neglected a child of the household where that child is not the natural or adopted child of the respondent unless the Court is satisfied in all the circumstances that it is reasonable to expect the respondent to provide or contribute towards maintenance for that child of the household, and for the purpose of so satisfying itself, the Court shall consider

(a) whether the respondent had assumed any responsibility for the child’s maintenance, and if so, the extent, duration and basis of that assumed responsibility; and

(b) whether a person other than the respondent is responsible for the maintenance of the child, and if so, the extent to which that party is maintaining, or might be able to maintain, the child; and

(c) any other circumstances relating to the relationship between the respondent and the child.