SHELTON ABEYWICKRAMA

VS.

ATTORNEY-GENERAL AND 2 OTHERS

COURT OF APPEAL
L.T.B.DEHIDENIYA. J.
SHIRAN GOONERATNE, J.
CA/MC/RV/24/2016
SEPTEMBER 11, 2017.

Maintenance Act - Section 5 - Maintenance Ordinance - Section 8 - Arrears of maintenance -Order of imprisonment - Is it legal - Criminal Procedure Code - Section 14 - Applicability - Special powers given to the Magistrates Court? - Which law applies?

The petitioner was in arrears of maintenance for 38 months. The Magistrate's Court imposed a term of imprisonment of 38 months. It was contended that the Magistrate could not have imposed 38 months' imprisonment.

HELD:

(1) In terms of Section 14 of the Criminal Procedure Code, a Magistrate's Court can impose any term of sentence if it is governed by any enactment in force whereby special powers of punishment are given. The Maintenance Act is such an enactment.

(2) Terms of imprisonment that could be imposed by the Magistrate Court in a maintenance case for not complying with the order to pay the allowance is governed by the Maintenance Act - Section 5.

APPLICATION in Revision from an order of the Magistrates Court of Balangoda.

Case referred to:

Si