Provided however, that no such order shall be made if the applicant spouse is living in adultery or both the spouses are living separately by, mutual consent.

(2) Where a parent having sufficient means neglects or refuses to maintain his or her child who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, order such parent to make a monthly allowance for the maintenance of such child at such monthly rate as the Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the child :

Provided however, that no such order shall be made in the ease of a non-marital child unless parentage is established by cogent evidence to the satisfaction of the Magistrate.

(3) Where a parent having sufficient means neglects or refuses to maintain his or her adult offspring who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, order such parent to make a monthly allowance for the maintenance of such adult offspring at such monthly rate as the Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the adult offspring :

Provided however, that no such order shall be made in the case of an non-marital adult offspring unless parentage is established by cogent evidence to the satisfaction of the Magistrate.

(4) Where a parent having sufficient means neglects or refuses to maintain his or her disabled offspring who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, order such parent to make a monthly allowance for the maintenance of such disabled offspring at such monthly rate as the Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the disabled offspring :

Provided however, that no such order shall be made in the case of a disabled non-marital offspring unless parentage is established by cogent evidence to the satisfaction of the Magistrate,

(5) Where an order is made by a Magistrate for the payment of an allowance pursuant to an application made tinder subsection (1) or (2) or (3) or (4), such allowance shall be payable from the date on which the application for maintenance was made to such court, unless the Magistrate, for good reasons to be recorded, orders payment from any other date.

(6) Where an application is made for the maintenance of a child, adult offspring or disabled offspring, as the case may be, under subsection (2), (3) or (4), as the case may be. the court may, either on the application of the parties or of its own motion, add the other parent as a party to such application and make such order as is appropriate against one or both such parents.

(2) An application for maintenance may be made to the Magistrates Court within whose jurisdiction the applicant or the person in respect of whom the application is made or the person against whom such application is made, resides.

(2) The Magistrate may, if an application is made in that behalf by any person entitled to receive any payment under an order of maintenance, before passing a sentence of imprisonment on the respondent, issue a warrant directing the amount in default to be levied in the manner provided by law for levying fines imposed by Magistrates in the Magistrate Courts.

(2)

(3) A statement furnished in compliance with an order made under paragraph (b) of subsection (2) of this section shall, in any proceedings any court, be received as evidence and be deemed to be prima facie proof of the particulars referred to in the said paragraph, unless the contrary is shown.

(4) The Magistrate shall not make an attachment of salary order, if it appears to him, that the failure of the respondent to make any payment in accordance with the order of maintenance in question, was not due to his wilful refusal or culpable neglect.

(5) In determining the amount to be deducted from the respondent's salary in forms of subsection (1) of this section, the Magistrate shall have regard to the resources and needs of the respondent, and the needs of the person, the payment of whose maintenance is in default.

(6) An attachment of salary order shall not come into force until the expiration of fourteen days from the date on which a copy of the order is served on the person to whom the order is directed.

(7) An attachment of salary order may on the application of the respondent or the person entitled to receive payment under the order of maintenance, be discharged or varied.

(8) A person to whom an attachment of salary order is directed shall, subject to the provisions of this Act, comply with the order or, if the order is subsequently varied under subsection (7), with the- order as varied.

(9) Where, on any occasion on which any deductions have to be made from the salary of a respondent in pursuance of an attachment of salary order, there are in force, two or more orders for attachment, of salary, relating to such salary, made under this Act or other written law, then, for the purposes of complying with this section, the employer shall, notwithstanding anything to the contrary in any other written law, first give effect to an order of attachment made under this Act and deal with any other order in respect of the residue of the respondent's salary according to she respective dates on which they came into force.

(10) An employer who in pursuance of an attachment of salary order makes any payment shall forthwith give to the respondent a statement in writing specifying the amount deducted from his salary in pursuance of such order.

(11) Any employer who fails or neglects to comply with an attachment of salary order shall be liable on conviction by a Magistrate's Court to a fine not exceeding five hundred rupees and in the case of a second or subsequent conviction in respect of the same attachment of salary order, to a fine not exceeding one thousand rupees :

Provided however, it shall be a defence for an employer charged with failing or neglecting to comply with an attachment of salary order, to prove that be took all reasonable steps to comply with such order.

(12) provisions of this section shall, notwithstanding anything to the contrary in any other written law, have effect in relation to an attachment of salary that may be made by a Magistrate under this Act

(13) For the purposes of this section -

(2) Where a direction has been made under subsection (1) of this section and there has been default in the deposit of payments as specified in such direction, the person entitled to receive payment may report such default to the Court, and the Magistrate may in such event, notice the respondent to show cause why he should not be dealt with for such default, and if satisfied after due inquiry that there has been any default, impose such punishment as is provided for by this Act for such default.

Provided however the Magistrate may in his discretion at any time make an interim order for the payment of a 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, an application under this Act shall not be rejected on account of any error, omission or irregularity in the application, or affidavit required to be filed in terms of subsection (1) of this section, or in the summons issued thereunder, 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.

(2) When the person against whom the application is made is absent, the provisions of section 192 of the Code of Criminal Procedure Act, No, 15 of 1979 shall, mutatis mutandis, apply.

Provided however, notwithstanding anything to the contrary in section 323 of the Criminal Procedure Code Act, No. 15 of 1979 such order under section 2 shall not be stayed by reason of such appeal, unless the High Court directs otherwise for reasons to be recorded :

Provided further that the Magistrate in forwarding the record to the High Court shall retain a copy of his order for purposes of enforcement.

(2) Any person dissatisfied with an order made by a High Court in the exercise of its appellate jurisdiction under this section, may prefer an appeal therefrom to the Supreme Court, on a question of law. with the leave of the High Court, and where such leave is refused, with the special leave of the Supreme Court, first had an obtained.

and pending on the day preceding the date of commencement of this Act shall be heard and disposed of, in all respects, as though such Ordinance had not been repealed.

(2) Every order made under the Maintenance Ordinance and pending on the day preceding the date of commencement of this Act, shall be deemed to be an order made under this Act and may be enforced accordingly.