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CORNELIA v. SAWODIS


Cornelia V. Sawodis

 

Present: Mr.  Justice Wood Renton.    

CORNELIA v. SAWODIS.

 

P. C., Matara, 22,212.

 

Maintenance Ordinance, s. 9-Imprisonment before execution of warrant- Warrant for more than one month's arrears of maintenance, Ordinance No. 19 of 1889, s. 9.
 
    Where a Magistrate ordered the defendant in a case under the Maintenance Ordinance (No. 19 of 1889) to give certified bail in Rs. 200 to pay Rs. 50 arrears of maintenance for ten months at the rate of Rs. 5 a month, or in default of such payment within one month to undergo rigorous imprisonment for fifteen days for each month,-

    Held, that the order of the Magistrate was wrong, inasmuch it was not competent for the Magistrate under section 9 of Ordinance No. 19 of 1889 to pass a sentence of imprisonment, except for the amount remaining due after the warrant for the levy has been executed.

    Held, also, that it is competent under the said section to issue one warrant for the recovery of more than one month's arrears of maintenance.
 
    APPLICATION in revision. The facts and arguments sufficiently appear in the judgment.
 
    Walter Pereira, K.C., S.-G., in support of the ap






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