28. The total statutory income for any year of assessment of a child of a resident individual shall be aggregated with and deemed to form part, of "the total statutory income of"
(a) his father, if the marriage of his parents subsists in that year of assessment : or |
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(b) the parent who maintains him and with whom he lives in that year of assessment, if the marriage of his parents does not subsist in that year of assessment. |
| For the purposes of this section, a marriage shall be deemed not to subsists if the wife in living apart from her husband under the decree of a competent court or duly executed deed of separation or if me husband and wife are in fact separated in such circumstances that the separation is likely to be permanent. |