Maintenance ACT

Arrangement of Sections

1. Short title.

PART I

APPLICATION FOR MAINTENANCE

2. Order for Maintenance of a spouse or child or adult offspring or disabled offspring.

3. Period of validity of Order.

4. Application for maintenance.

PART II

ENFORCEMENT OF ORDER FOR MAINTENANCE

5. Enforcement of Orders.

6. Attachment of salary of respondent.

7. Payment of maintenance through Post office or Bank.

8. Application for cancellation of Order or alteration in amount of allowance.

9. Copy of Order to be given to party, and where Order enforceable.

10. Application to be in writing and process to be free of stamp duty.

11. Commencement of Inquiry.

12. Attendance of respondent and witnesses.

13. Form of proceedings.

14. Right of Appeal.

15. Forms.

16. Costs.

17. Other actions not barred.

18. Amendment of the Married Women property ordinance.

19. Repeal of Maintenance Ordinance.

20. Transitional provision.

21. Sinhala text to prevail in case of inconsistency.

22. Interpretation.

SCHEDULE

37 of 1999.

AN ACT to provide for the maintenance of children, adult offspring, disabled offspring and spouses unable to maintain themselves; to ensure compliance of the law relating to maintenance with the provisions of the United Nations Convention on the Rights of the Child, and for matters connected therewith or incidental thereto.

[Date of Commencement: 22nd October, 1999]

1. Short title.

This Act may be cited as the Maintenance Act.

PART I

APPLICATION FOR MAINTENANCE

2. Order for Maintenance of a spouse or child or adult offspring or disabled offspring.

(1) Where any person having sufficient means, neglects or unreasonably refuses to maintain such person's spouse who is unable to maintain himself or herself, the Magistrate may, upon an application being made for maintenance, and upon proof of such neglect or unreasonable refusal Order such person to make a monthly allowance for the maintenance of such spouse at such monthly rate as the Magistrate thinks fit having regard to the income of such person and the means and circumstances of such spouse:

Provided however, that no such Order shall be made if the applicant spouse is living in adultery or both the spouses are living separately by, mutual consent.

(2) Where a parent having sufficient means neglects or refuses to maintain his or her child who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, Order such parent to make a monthly allowance for the maintenance of such child at such monthly rate as the Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the child:

Provided however, that no such Order shall be made in the case of a non-marital child unless parentage is established by cogent evidence to the satisfaction of the Magistrate.

(3) Where a parent having sufficient means neglects or refuses to maintain his or her adult offspring who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, Order such parent to make a monthly allowance for the maintenance of such adult offspring at such monthly rate as the Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the adult offspring:

Provided however, that no such Order shall be made in the case of an non-marital adult offspring unless parentage is established by cogent evidence to the satisfaction of the Magistrate.

(4) Where a parent having sufficient means neglects or refuses to maintain his or her disabled offspring who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, Order such parent to make a monthly allowance for the maintenance of such disabled offspring at such monthly rate as the Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the disabled offspring:

Provided however, that no such Order shall be made in the case of a disabled non-marital offspring unless parentage is established by cogent evidence to the satisfaction of the Magistrate,

(5) Where an Order is made by a Magistrate for the payment of an allowance pursuant to an application made tinder subsection (1) or (2) or (3) or (4), such allowance shall be payable from the date on which the application for maintenance was made to such court, unless the Magistrate, for good reasons to be recorded, Orders payment from any other date.

(6) Where an application is made for the maintenance of a child, adult offspring or disabled offspring, as the case may be, under subsection (2), (3) or (4), as the case may be the court may, either on the application of the parties or of its own motion, add the other parent as a party to such application and make such Order as is appropriate against one or both such parents.

3. Period of validity of Order.

No Order for an allowance for the maintenance of any child, adult offspring or disabled offspring made under this Act shall, except for the purpose of recovering money previously due under such Order, be of any force or validity after the person in respect of whom the Order is made ceases to be a child, adult offspring or disabled offspring, as the case may be, within the meaning of this Act.

4. Application for maintenance.

(1) An application for maintenance may be made —

(a) where such application is for the maintenance of a child or disabled offspring, by such child or disabled offspring or by any person who has custody of such child or disabled offspring;

(b) where such application is for the maintenance of an adult offspring, by such adult offspring or where such adult offspring is incapable of making such application, by any person on his or her behalf; and

(c) where such application is for the maintenance of a spouse, by such spouse or where such spouse is incapable of making such application, by any person on his or her behalf.

(2) An application for maintenance may be made to the Magistrates Court within whose jurisdiction the applicant or the person in respect of whom the application is made or the person, against whom such application is made, resides.

PART II

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IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015