Singapore legislation
Clause 123
Clause 123
Liability of soldier to maintain wife and children
(1)
A soldier of the Singapore armed forces shall subject to the provisions of this section be liable to contribute to the maintenance of his wife and of his children, and also to the maintenance of any illegitimate child of which he may be proved to be the father, to the same extent as if he were not a member of the Singapore armed forces.
(2)
When any order or decree is made under any Act for payment by a man who is or subsequently becomes a soldier of the Singapore armed forces either of the cost of the maintenance of his wife or child, or of any illegitimate child of whom he is the putative father, or of the cost of any relief given to his wife or child by way of loan, a copy of such order or decree shall be sent to the Army Board or any officer deputed by them for the purpose, and in the case —
of such order or decree being so sent; or
of it appearing to the satisfaction of the Army Board or any officer deputed by them for the purpose that a soldier of the Singapore armed forces has deserted or left in destitute circumstances, without reasonable cause, his wife or any of his legitimate children under sixteen years of age,the Army Board or officer shall order to be deducted from the pay of the soldier the sum adjudged to be paid by such order or decree (including any sum paid on account thereof in accordance with the provisions of subsection (3) or such sums towards the maintenance of the wife or children of the soldier, as the case may be, as the Army Board or officer in their or his discretion from time to time think or thinks fit, but so that there shall be left to the soldier (subject, however, to the making of any other deduction authorised by or under any Act) not less than one-fourth, or, if he is a warrant officer or non-commissioned officer not below the rank of sergeant, not less than one-third, of his pay.
(3)
Where proceedings are instituted against a soldier of the Singapore armed forces under any Act, for the purpose of enforcing against him any such liability as above in this section mentioned, then —
if at the date of service of the process the soldier is quartered out of the jurisdiction of the court, the process shall be served on his commanding officer, and such service shall not be valid unless there be left therewith, in the hands of the commanding officer, a sum of money (to be adjudged as costs incurred in obtaining the order or decree, if any order or decree is made against the soldier) of a sufficient amount to enable him to attend the hearing of the case and return to his quarters, and such sum may be expended by the commanding officer for that purpose;
in any other case the process may be served either on the commanding officer or on the soldier but where the process is served on the soldier, a copy thereof shall be sent by the court by which it is issued to the commanding officer by registered post as soon as possible after the process is served, and in any case at least four days before the day fixed for the hearing of the case.
(4)
No such proceedings shall be valid against a soldier of the Singapore armed forces if his commanding officer certifies that the soldier is under orders for service beyond the seas, and that in his opinion it will not be possible for the soldier to attend the hearing and return to his quarters in sufficient time to enable him to embark for such service. Every such certificate shall be sent to the court and shall be final and conclusive.
(5)
Where, by an order or decree sent to the Army Board or officer in accordance with subsection (2) the soldier is adjudged to pay as costs incurred in obtaining the order or decree any sum left in the hands of the commanding officer under this subsection, the Army Board may cause a sum equal to the sum so left to be paid in liquidation of the sum so adjudged to be paid as costs, and the amount so paid by the Army Board shall be a public debt from the soldier against whom the order or decree was made, and, without prejudice to any other method of recovery, the recovery thereof shall be a purpose to which deductions from pay ordered to be made under subsection (2) may be directed by the order to be appropriated.