Asilin Nona V. Peter Perera

1945 Present: Keuneman and Jayetileke JJ.

ASILIN NONA, Appellant, and PETER PERERA, Respondent.

65-D. C. (Inty.) Colombo, 655.

Divorce-Order of court to pay alimony pendente lite-Non-compliance with order-Power of court to stay proceedings-Civil Procedure Code, s. 839.

Non-compliance with an order of court in divorce proceedings to pay alimony pendente lite amounts to contempt of court. In such a case the court may in its discretion stay proceedings until the alimony due is paid.

APPEAL from an order of the District Judge of Colombo.

H. V. Perera, K.C. (with him P. Malalgoda), for the 1st defendant, appellant.-The plaintiff was ordered to pay Rs. 20 per mensem as alimony pendente lite to the 1st defendant. He has refused to comply

with the order although he is able to pay. The question for consideration is whether the District Court has power to stay proceedings until the alimony is paid. The District Judge has held that he has no such power under the Civil Procedure Code.

[JAYETILEKE J.-Is this not a case in which steps should have been taken under section 4 of the Civil Procedure Code?]

The inherent power of the court refe

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