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In force1984 Revised Edition
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Part · Forfeitures and Deductions and Enforcement of Maintenance Liabilities

135. Enforcement of dependants’ maintenance orders by deduction from pay

(1)

Where any court in Brunei Darussalam has made a dependants’

maintenance order against any person (in this section referred to as the defendant) and the defendant is a member of the Armed Forces, then

(whether or not he was a member of the Armed Forces when the order was made) the Commander may order such sum to be deducted from the pay of the defendant and appropriated in or towards satisfaction of the payment due under the order as the Commander thinks fit.

(2)

Where to the knowledge of any court in Brunei Darussalam making a dependants’ maintenance order, or an order varying, revoking or reviving any such order, the defendant is a member of the Armed Forces, the court shall send a copy of the order to the Commander.

(3)

The Commander may by order vary or revoke any order previously made under this section, and may treat any order made under this

Royal Brunei Armed Forces 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).

(4)

In this section and in section 136, “dependants’ maintenance order” means an order made by the Court of a Kadi under Part VII of the

Religious Council and Kadis Courts Act (Chapter 77) or by any court exercising appellate jurisdiction in respect of any such order of either of such first and second mentioned courts, against any person for the payment of —

(a)

any periodical or other sum specified in the order to or for the benefit of another person;

(b)

any costs incurred in obtaining the order; or

(c)

any costs incurred in proceedings on appeal against or for the variation, revocation or revival of any such order, and references to a dependants’ maintenance order made by a court in Brunei

Darussalam include references to an order registered in or confirmed by a court under the provisions of the Maintenance Orders Reciprocal

Enforcement Act (Chapter 175).

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