Clause 31

an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child, made or deemed to be made by a court under Part 8;

an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;

an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966;

an order for the payment of money in respect of the maintenance of an infant made under the Guardianship of Infants Act 1934;

an order for maintenance made under the Maintenance of Parents Act 1995;

a maintenance order, as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975, which is registered or confirmed by the court under that Act.Application of this Part139L. This Part applies where —

any matrimonial proceedings are pending;

an order has been made under section 112 and has not been complied with;

an order has been made under section 121E or 121G and has not been rescinded or complied with;

maintenance is payable under any agreement to or for the benefit of a wife or former wife, an incapacitated husband or incapacitated former husband, or a child; or

a maintenance order has been made and has not been discharged or rescinded.Power of court to set aside or prevent dispositions139M.—

The court has the power on application —

to set aside any disposition of property by a person (called in this section A) — if the court is satisfied that the disposition of property has been made within the preceding 3 years immediately before the date of the making of the application, with the object on the part of A to produce the relevant consequence; or

to grant an injunction preventing any disposition of property by A — if the court is satisfied that A is making the disposition with the object on the part of A to produce the relevant consequence.(2) In a case where a maintenance order has been made and has not been discharged or rescinded, unless the contrary is proved, A is presumed to have made, or to be making, a disposition of property with the object on the part of A to produce the relevant consequence if the court is satisfied that —

in the case of a disposition mentioned in subsection (1)(a) — the disposition has had the relevant consequence; or

in the case of a disposition mentioned in subsection (1)(b) — the disposition would have (apart from this section) the relevant consequence.(3) The court must not make an order under subsection (1)(a) setting aside any disposition if the disposition was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any object on the part of A to produce the relevant consequence.(4) Where the court makes an order under subsection (1)(a), the court may give any consequential direction that it thinks fit for giving effect to the order, including any direction for the making of any payment or the disposal of any property.(5) In this section —“disposition” includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered;“property” means property of any nature, movable or immovable, and includes money;“relevant consequence” means —

the reduction of A’s means to pay maintenance; or

the deprivation of A’s wife, former wife, incapacitated husband, incapacitated former husband or child, of any rights in relation to property, whether or not the rights have accrued to A’s wife, former wife, incapacitated husband, incapacitated former husband or child (as the case may be) at the time that the application under subsection (1) is made.”.