Skip to content
Contents

Part 3 · Quasi-Criminal Proceedings

22K. Prescribed circumstances in section 81(1)(b) and (e) of Women’s Charter 1961 (P. 3, r. 22K)

Feedback & support
Amended

Last amended by an amending law of 2024.

(1)

For the purposes of section 81(1)(b) and (e) of the Women’s Charter 1961, the Court on a maintenance enforcement application may vary, suspend, discharge, rescind, set aside or revoke the maintenance order in question —

(a)

on the application of the applicant or respondent, if —

(i)

both the applicant and respondent consent to the application; and

(ii)

the application is made before the Court does anything under section 81(1)(a), (c) or (d) of the Women’s Charter 1961 on the maintenance enforcement application; or

(b)

on the respondent’s application, if —

(i)

the application is for either of the following:

(A)

a reduction in the amount of maintenance under the maintenance order;

(B)

the suspension, discharge, rescission, setting aside or revocation of the maintenance order; and

(ii)

the application is made before the Court does anything under section 81(1)(a), (c) or (d) of the Women’s Charter 1961 on the maintenance enforcement application.

(2)

The application for the Court to vary, suspend, discharge, rescind, set aside or revoke the maintenance order mentioned in paragraph (1) may be made orally.

(3)

Before varying, suspending, discharging, rescinding, setting aside or revoking the maintenance order mentioned in paragraph (1) on the application of a party, the Court must allow the other party to the proceedings to respond to the application.

Subregulation 1

For the purposes of section 81(1)(b) and (e) of the Women’s Charter 1961, the Court on a maintenance enforcement application may vary, suspend, discharge, rescind, set aside or revoke the maintenance order in question —

(a)

on the application of the applicant or respondent, if —

(i)

both the applicant and respondent consent to the application; and

(ii)

the application is made before the Court does anything under section 81(1)(a), (c) or (d) of the Women’s Charter 1961 on the maintenance enforcement application; or

(b)

on the respondent’s application, if —

(i)

the application is for either of the following:

(A)

a reduction in the amount of maintenance under the maintenance order;

(B)

the suspension, discharge, rescission, setting aside or revocation of the maintenance order; and

(ii)

the application is made before the Court does anything under section 81(1)(a), (c) or (d) of the Women’s Charter 1961 on the maintenance enforcement application.

Subregulation 2

The application for the Court to vary, suspend, discharge, rescind, set aside or revoke the maintenance order mentioned in paragraph (1) may be made orally.

Subregulation 3

Before varying, suspending, discharging, rescinding, setting aside or revoking the maintenance order mentioned in paragraph (1) on the application of a party, the Court must allow the other party to the proceedings to respond to the application.

Report

Part 3A

Enforcement of Child Access Order Under Section 5A of Guardianship of Infants Act 1934 or Section 126B of Women’S Charter 1961

Part 4

Amicable Resolution of Cases

Part 5

Commencement of Proceedings

Part 6

Parties to Proceedings

Part 7

Service of Documents

Part 8

Judge-Led Approach in Resolving Family Disputes

Part 9

Disclosure

Part 10

Expert Evidence

Part 11

Reports Under Mental Capacity Act 2008

Part 12

Relevant Professionals and Child Reports

Part 13

Parenting Coordination Programme

Part 14

Injunctions and Other Interim Relief Before Hearing

Part 15

Court Hearings and Evidence

Part 16

Withdrawal and Discontinuance

Part 17

Payment Into and Out of Court

Part 18

Judgments and Orders

Part 19

Appeals

Part 20

Appeals from Tribunals to Family Division and Case Stated

Part 21

Transfer of Proceedings

Part 22

Costs

Part 23

Enforcement of Judgments and Orders

Part 24

Contempt of Court

Part 25

Court Fees

Part 26

Registry and Administration

Part 27

Lodgment in Court, Money in Registry and Payment to Bailiff

Part 28

Electronic Filing Services

Schedules