On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 28/03/2013.
69.
—(1) Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a District Court or a Magistrate’s Court and that Court may, on due proof thereof, order the husband to pay a monthly allowance or a lump sum for her maintenance.
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(2) A District Court or a Magistrate’s Court may, on due proof that a parent has neglected or refused to provide reasonable maintenance for his child who is unable to maintain himself, order that parent to pay a monthly allowance or a lump sum for the maintenance of that child.
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(3) An application for the maintenance of a child under subsection (2) may be made by —
(a)
any person who is a guardian or has the actual custody of the child;
(b)
where the child has attained the age of 21 years, by the child himself;
(c)
where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years; or
(d)
any person appointed by the Minister.
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(4) The court, when ordering maintenance for a wife or child under this section, shall have regard to all the circumstances of the case including the following matters:
(a)
the financial needs of the wife or child;
(b)
the income, earning capacity (if any), property and other financial resources of the wife or child;
(c)
any physical or mental disability of the wife or child;
(d)
the age of each party to the marriage and the duration of the marriage;
(e)
the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;
(f)
the standard of living enjoyed by the wife or child before the husband or parent, as the case may be, neglected or refused to provide reasonable maintenance for the wife or child;
(g)
in the case of a child, the manner in which he was being, and in which the parties to the marriage expected him to be, educated or trained; and
(h)
the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.
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(5) The court shall not make an order under subsection (2) for the benefit of a child who has attained the age of 21 years or for a period that extends beyond the day on which the child will attain that age unless the court is satisfied that the provision of the maintenance is necessary because —
(a)
of a mental or physical disability of the child;
(b)
the child is or will be serving full-time national service;
(c)
the child is or will be or (if an order were made under subsection (2)) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
(d)
special circumstances, other than those stated in paragraphs (a), (b) and (c), exist which justify the making of the order.
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(6) An order under subsection (2) ceases to be in force on the day on which the child attains the age of 21 years unless the order is expressed to continue in force for a period ending after that day.
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(7) An order under subsection (2) may direct payment to the person having custody or care and control of the child or the trustees of the child.
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(8) When ordering the payment of maintenance under this section or at any time after the making of the order, the court may, if it considers just, order the person liable to pay the maintenance to secure the whole or any part of it by vesting any property belonging to the person in trustees upon trust to pay the maintenance or any part of it out of the income from the property, and subject thereto, in trust for the settlor.
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(9) The court shall have the powers conferred by section 85 in respect of proceedings relating to maintenance under this section.
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