Married Women Act · s 19

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19.
Court may order maintenance
(1) Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a Court of a Magistrate and that court may, on due proof thereof, order the husband to pay a monthly allowance or a lump sum for her maintenance.
(2) If any person neglects or refuses to maintain his legitimate or illegitimate child, a Court of a Magistrate may, on due proof thereof, order that person to pay a monthly allowance or a lump sum for the maintenance of that child.
(3) The allowance referred to in subsections (1) and (2) shall be payable from such date as the court directs.

Married Women
(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; and
(d) the standard of living enjoyed by the applicant before the husband or father neglected or refused to provide reasonable maintenance for the wife or child.
(5) An application for the maintenance of a child under subsection (2) may be made by any person who is the guardian or has the actual custody of the child.
(6) The court shall have the same powers as are conferred by section 34 in respect of proceedings relating to an attachment of earnings order.

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s 19Court may order maintenance

(1)

Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a Court of a Magistrate and that court may, on due proof thereof, order the husband to pay a monthly allowance or a lump sum for her maintenance.

(2)

If any person neglects or refuses to maintain his legitimate or illegitimate child, a Court of a Magistrate may, on due proof thereof, order that person to pay a monthly allowance or a lump sum for the maintenance of that child.

(3)

The allowance referred to in subsections (1) and (2) shall be payable from such date as the court directs.

Married Women

(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; and

(d)

the standard of living enjoyed by the applicant before the husband or father neglected or refused to provide reasonable maintenance for the wife or child.

(5)

An application for the maintenance of a child under subsection (2) may be made by any person who is the guardian or has the actual custody of the child.

(6)

The court shall have the same powers as are conferred by section 34 in respect of proceedings relating to an attachment of earnings order.