Royal Brunei Armed Forces Act · s 136

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136.
Deductions from pay for maintenance of wife or child
(1) Where the Commander is satisfied that an officer or soldier is neglecting, without reasonable cause, to maintain his wife or any child of his under the age of 16 years, the Commander may order such sum to be deducted from his pay and applied towards the maintenance of his wife or child as the Commander thinks fit.
(2) On an application made to the Commander for an order under subsection (1), the Commander, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in subsection (1) to take effect pending the further examination of the case.
(3) Where an order is in force under section 135(1) for the making of deductions in favour of any person from the pay of any member of the
Armed Forces, no deductions from his pay in favour of the same person shall be ordered under the foregoing provisions of this section unless the member of the Armed Forces is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the court in consequence of which the order under section 135 was made.

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(4) The Commander may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in section 130(1)(a).
(5) The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power —
(a) subject to the provisions of subsection (3), to make such an order after the child has attained the age of 16 years, if an order in favour of the child is in force under section 135(1);
(b) to make such an order after the child has attained the age of 16 years if —
(i) a dependants’ maintenance order made by a court in
Brunei Darussalam was in force in favour of the child at the time when the child attained that age; and
(ii) the person from whose pay the deductions are ordered is in such a place as is mentioned in subsection (3);
and
(iii) the child is for the time being engaged in a course of education or training; or
(c) to continue such an order from time to time after the child has attained the age of 16 years, if the child is for the time being engaged in a course of education or training, but no order so made or continued shall remain in force after the child attains the age of 21 years or shall, unless continued under paragraph (c), remain in force for more than 2 years.
(6) In this section, the following expressions have the following meanings in relation to a person —
“adopted child” includes a person whose de facto adoption by that person (whether alone or jointly with another) is for the time being registered under the provisions of the Registration of Adoptions
Act (Chapter 123);

Royal Brunei Armed Forces

“child” includes any child of that person’s wife and any illegitimate or adopted child of that person or his wife;
“wife” means any woman whose marriage to that person is registered in accordance with any written law and has not been dissolved.

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s 136Deductions from pay for maintenance of wife or child

(1)

Where the Commander is satisfied that an officer or soldier is neglecting, without reasonable cause, to maintain his wife or any child of his under the age of 16 years, the Commander may order such sum to be deducted from his pay and applied towards the maintenance of his wife or child as the Commander thinks fit.

(2)

On an application made to the Commander for an order under subsection (1), the Commander, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in subsection (1) to take effect pending the further examination of the case.

(3)

Where an order is in force under section 135(1) for the making of deductions in favour of any person from the pay of any member of the

Armed Forces, no deductions from his pay in favour of the same person shall be ordered under the foregoing provisions of this section unless the member of the Armed Forces is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the court in consequence of which the order under section 135 was made.

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(4)

The Commander may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in section 130(1)(a).

(5)

The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power —

(a)

subject to the provisions of subsection (3), to make such an order after the child has attained the age of 16 years, if an order in favour of the child is in force under section 135(1);

(b)

to make such an order after the child has attained the age of 16 years if —

(i)

a dependants’ maintenance order made by a court in

Brunei Darussalam was in force in favour of the child at the time when the child attained that age; and

(ii)

the person from whose pay the deductions are ordered is in such a place as is mentioned in subsection (3);

and

(iii)

the child is for the time being engaged in a course of education or training; or

(c)

to continue such an order from time to time after the child has attained the age of 16 years, if the child is for the time being engaged in a course of education or training, but no order so made or continued shall remain in force after the child attains the age of 21 years or shall, unless continued under paragraph (c), remain in force for more than 2 years.

(6)

In this section, the following expressions have the following meanings in relation to a person —

“adopted child” includes a person whose de facto adoption by that person (whether alone or jointly with another) is for the time being registered under the provisions of the Registration of Adoptions

Act (Chapter 123);

Royal Brunei Armed Forces

“child” includes any child of that person’s wife and any illegitimate or adopted child of that person or his wife;

“wife” means any woman whose marriage to that person is registered in accordance with any written law and has not been dissolved.