Enforcement of Court Orders Act, 1940

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Enforcement of certain orders for periodical payments.

8.—(1) Where a sum or sums payable by virtue of an order made under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886, or under section 3 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930), is or are not duly paid, a Justice of the District Court may, on the application of the person to whom such sum or sums is or are payable under such order (in this section referred to as the applicant), by warrant cause the person by whom such sum or sums is or are payable under such order (in this section referred to as the defaulter) to be brought before him and thereupon such Justice, after hearing the applicant and the defaulter and such evidence (if any) as they may respectively adduce, may, if he so thinks proper, either direct such sum or sums together with the costs of such application to be levied by distress and sale of the goods of the defaulter or, unless the defaulter shows, to the satisfaction of such Justice, that the failure to pay was due neither to his wilful refusal nor to his culpable neglect, sentence the defaulter to imprisonment for any term not exceeding three months.

(2) Where a Justice of the District Court directs, under the foregoing sub-section of this section, that an amount be levied by distress and sale of the goods of the defaulter, the following provisions shall have effect, that is to say:—

(a) such Justice may require the defaulter to enter into a recognisance with sureties to the satisfaction of such Justice to appear before such Justice on a specified day if such amount is not previously discharged in full either as a result of such levy or otherwise;

(b) if the defaulter, on being so required to enter into such recognisance, does not comply with such requirement, such Justice may, if he so thinks proper, direct the defaulter to be detained in custody and brought before such Justice on the said specified day unless he is previously released from custody in pursuance of this section;

(c) if while the defaulter is so in custody either—

(i) he enters into a recognisance before a peace commissioner with sureties to the satisfaction of such peace commissioner to appear before such Justice on the said specified day if the said amount is not previously discharged as a result of such levy or otherwise, or

(ii) the said amount is discharged in full either as a result of such levy or otherwise,

the defaulter shall be released from custody forthwith;

(d) if upon the said specified day the said amount has not been discharged in full either as a result of such levy or otherwise, such Justice may, unless the defaulter shows to the satisfaction of such Justice that the failure to discharge the said amount was due neither to his wilful refusal nor to his culpable neglect, sentence the defaulter to imprisonment for any term not exceeding three months.

(3) Whenever the defaulter is sentenced under this section to suffer a term of imprisonment he shall be entitled to be released immediately upon payment by him or on his behalf to the District Court Clerk or to the Governor of the Prison for the District Court Clerk of the sum of money specified in that behalf in the order for such imprisonment and consisting of the sum or the total of the sums on account of the non-payment of which the application under this section was made by the applicant and the costs of such application.

(4) All moneys paid under the next preceding sub-section of this section to the District Court Clerk (whether directly or through the Governor of the Prison) by or on behalf of the defaulter shall be paid by the District Court Clerk to the applicant on demand.

(5) The imprisonment of the defaulter under this section shall not operate as a satisfaction or extinguishment of the defaulter's liability for payment of any money on account of the non-payment of which he was sentenced to such imprisonment nor shall such imprisonment deprive the applicant of any other right or remedy for enforcing or recovering payment of such money.

(6) Every distress and sale made in pursuance of a direction given under this section by a Justice of the District Court shall be carried out by the under-sheriff.

(7) No application or other proceedings (whether under this section or otherwise) for the recovery of a sum or sums payable by virtue of an order made under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886, or under section 3 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930), shall be maintainable in respect of any such sum which became due and payable on a day more than six months before the institution of such application or other proceedings:

Provided always that, in the case of proceedings otherwise than under this section, the Court may, if on account of special circumstances the Court so thinks proper, allow such proceedings to be maintained in respect of all or any one or more of such sums which became due and payable as aforesaid.