S Nantha Balan JC:

INTRODUCTION

[1]This is an application for committal by the petitioner/wife against the respondent/husband which is predicated on the latter’s failure to make various payments as ordered by the court in the course of matrimonial proceedings. The sole issue that arises in this matter is whether a failure or refusal by a party to comply with an order of court to make payments (whether by way of lump sum or instalment payments) constitutes an act of contempt so as to entitle the other party to commence committal proceedings against the defaulting party. Ordinarily, the remedy would be for the party who is entitled to these payments to commence execution proceedings for recovery of the amounts that are payable under the order of court. The question that arose in these proceedings is whether, apart from execution proceedings, the party in breach may also be subjected to committal proceedings by reason of breach of his obligation to make payments as per the court order. It is obvious enough that the issue has wide implications not only in matrimonial proceedings but to all legal proceedings which culminate in monetary orders. Hence, if non-payment constitutes an act of c