1937 Present : Abrahams CJ. and Maartensz J.

WIJEYSURIYA v. SILVA.

563-P. C. Tangalla, 27,567.

Maintenance-Arrears in respect of several months-One warrant in respect of more than one breach-Imprisonment for six months under one warrant -Ordinance No. 19 of 1889, s. 9.

Under section 9 of the Maintenance Ordinance a Magistrate has power to issue one warrant in respect of more than one breach of an order for the payment of maintenance and to include in it a sentence of one month's imprisonment for each breach.

CASE referred by Maartensz J. to a Bench of two Judges.

The question referred was whether it was competent to a Police Magistrate under section 9 of the Maintenance Ordinance to sentence the respondent who was in arrears in respect of an order of maintenance for several months to a term of six months' imprisonment under one warrant.

E. B. Wickramanayake, for appellant.-Section 9 of the Maintenance Ordinance limits the term of imprisonment to one month no matter how many months the offender is in arrears. For every breach of the order the applicant should apply for a warrant and if she permits him to fall into arrears and apply f