Skip to content
srilawsby aturio
As enacted
Contents

Part II · Enforcement of Order for Maintenance

11. Commencement of Inquiry

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Every application for an order of maintenance or to enforce an order of maintenance shall be supported by an affidavit stating the facts in support of the application, and the Magistrate shall, if satisfied that the facts set out in the affidavit are sufficient, issue a summons together with a copy of such affidavit, on the person against whom the appication is made to appear and to show cause why the application should not be granted :

Provided however the Magistrate may in his discretion at any time make an interim order for the payment of monthly allowance which shall remain operative until an order on the application is made, unless such interim order is earlier varied or revoked, and such interim order shall have effect from the date of the application or from such later date as the Magistrate may fix.

(2)

The Magistrate shall, after such inquiry as he may consider necessary, make order allowing or refusing the application, and if necessary, may make an order under section 5 or section 6 :

Provided however, and application under this Act shall not be rejected on account of any error, omission or irregularity in the application, or affidavit required to be field in terms of subsection (1) of this section, or in the summons issued therunder, or in other proceedings before, or during, an inquiry under this Act, unless such error, omission or irregularity has caused material prejudice to a party.

Read on from s 12

Schedules