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Section 13: Periodical payments orders

Divorce And Judicial Separation Act

consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13. Periodical payments orders (1) On granting a decree or at any time thereafter, the Court may make one or both of the following orders— (a) an order that either party shall make to the other party periodical payments; (b) an order that either party shall make to any person for the benefit of any child periodical payments, for such term and on such conditions as the Court may specify. (2) An order for periodical payments under subsection (1) (a) shall lapse on the remarriage of the party in whose favour the order was made. (3) Subject to subsection (4), no order shall be made under subsection (1) (b)— (a) in favour of a child who has attained the age of 18; (b) so as to extend beyond the eighteenth birthday of a child. (4) Notwithstanding any other enactment, the Court may make an order under subsection (1) (b) in favour of a child who has attained the age of 18 or make an order extending beyond a child’s eighteenth birthday, if the Court is satisfied that— (a) the child is or will be receiving instruction at an educational establishment; or (b) there are special circumstances which justify the making of the order. (5) Any party against whom an order to make any periodical payment has been made and who, without lawful excuse or justification, fails to comply with the order, shall, without prejudice to any other proceedings which may be instituted against him, commit an offence and shall, on conviction, be liable to a fine not exceeding 2,000 rupees and to imprisonment for a term not exceeding one year.

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