MARRIED WOMEN AND CHILDREN (MAINTENANCE) ACT 1950

(Maintenance) Act 1950.

*(2) This Act shall apply to Peninsular Malaysia only.

“Court” means a Sessions Court or a Court of a First Class

Magistrate;

“Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory.

*NOTE—This Act is extended to Sarawak and Federal Territory of Labuan effective from 24 July 1992–see P.U. (A) 271/1992 and P.U. (A) 274/1992.

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If any person wilfully neglects to comply with any order made under this Act, the court, which made such order may, for every breach thereof, by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by such court, or may sentence him to imprisonment for a term which may extend to one month for each month’s allowance remaining unpaid.

If in the opinion of the court the matters in question between the parties or any of them could be more conveniently dealt with by the High Court, the court may refuse to make an order and in such case there shall be no appeal from its decision:

Provided always that the High Court or a Judge thereof shall have power, by order in any proceeding in the High Court relating to or comprising the same subject matter as the application refused as aforesaid or any part thereof, to direct the court or rehear or determine the same.

The High Court shall have the jurisdiction and powers which belong to and are exercisable by any court under this Act.

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All applications to a court under this Act shall be made and heard substantially in the same manner and in accordance with the same procedure as applications under any of the Enactments set out in the Schedule hereto were made and heard by such court immediately before the commencement of this Act.

A copy of the order of maintenance shall be given to the person for whose maintenance it is made, or to the guardian of such person, and payment shall be enforced by any court within whose local limits of jurisdiction the person to whom the order is addressed may be found, on production of the copy of the order, and on the court being satisfied as to the identity of the parties and the non-payment of the sum claimed.

The Ordinance and Enactments set out in the Schedule hereto are hereby repealed to the extent specified in the third column of the said Schedule.

Exempt cases between persons professing the religion of Islam

*13. This Act shall not apply to any person professing the religion of Islam and whose wife or whose legitimate or illegitimate child, as the case may be, professes the religion of Islam, if under the law in force in such State there is provision for the making of

*NOTE—Each of the States of Peninsular Malaysia has enacted that this Act shall not apply in the case of any claim for maintenance made by a Muslim against a Muslim, vide—

Johore—Subsection 132(1) Joh. En. 14/1978.

Kedah—Subsection 133(1) Kd. En. 9/1962.

Kelantan—Subsection 82(1) Kel. En. 1/1966.

Malacca—Subsection 131(1) Mal. En. 1/1959.

Negeri Sembilan—Subsection 132(1) N.S. En. 15/1960.

Pahang—Subsection 137(1) Phg. En. 5/1956.

Penang—Subsection 133(1) Pg. En. 3/1959.

Perak—Subsection 137(1) Pk. En. 11/1965.

Perlis—Subsection 103(2) Ps. En. 3/1964.

Selangor—Subsection 138(1) Sel. En. 3/1952.

Terengganu—Subsection 116(1) Tr. En. 4/1955.

Federal Territory—Subsection 138(1) Sel. En. 3/1952 (P.U. (A) 44/1974).

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Married Women and Children (Maintenance)

orders for the maintenance of wives and of children, legitimate and illegitimate, and for the enforcement of such orders against such persons professing the religion of Islam.

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[Section 12]

ORDINANCE AND ENACTMENTS REPEALED

(1)

(2)

(3)

No

Short title

Extent of repeal

Kedah Enactment

Enactment No. 61 (Maintenance

The whole

No. 61

of Wives and Children)

Johore Enactment

The Maintenance of Wives

The whole

No. 79

Enactment

F.M.S. Cap.

The Criminal Procedure Code

Sections 360, 361,

362, 363 and 364

S.S. Cap.

The Main Offences Ordinance

Section 37

11

Married Women and Children (Maintenance)

Act 263

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 164

Law Reform (Marriage and 01-03-1982

Divorce) Act 1976

P.U. (A) 271/1992

Modification of Laws (Married 24-07-1992

Women and Children (Maintenance)

Act) (Extension to the State of

Sarawak) Order 1992

P.U. (A) 274/1992

Modification of Laws (Married 24-07-1992

Women and Children (Maintenance)

Act) (Extension to the Federal

Territory of Labuan) Order 1992

12

Act 263

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 3

Act 164 01-03-1982

KUALA LUMPUR