Hinniappuhamy V. Wilisindahamy

1952 Present :  Swan J.

HINNIAPPUHAMY, Appellant, and WILISINDAHAMY, Respondent

S. C. 461-M.C. Galle, 1947

Maintenance Ordinance (Cap. 76)-Order for maintenance of child-Extension of such order-Scope of-Right of appeal-Sections 2, 7 and 17.

Appeal lies from an order made under the proviso to section 7 of the Maintenance Ordinance extending the period of maintenance in respect of a child to eighteen years.

A Magistrate has no jurisdiction to extend the period of maintenance if the child has passed the age of sixteen on the date when the application for extension is made.

APPEAL from a judgment of the Magistrate's Court, Galle.

M. L. S. Jayasekere, with W. P. N. de Silva, for the defendant appellant.

A. W. W. Goonewardene, with T. Velupillai, for the applicant respondent.

Cur. adv. vult.

November 17, 1952. SWAN J.-

Learned Counsel for the respondent has raised a preliminary objection to this appeal, to wit, that no appeal lies. In this connection he has referred me to Section 17 of the Maintenance Ordinance which provides as follows :-

" Any person who shall be dissatisfied with any order made by a Magistrate under Section

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