Section 88. Enforcement of order. (SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966

ENACTMENT NO. 1 OF 1966
SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966

PART IV - MAINTENANCE OD DEPENDANTS

Section 88. Enforcement of order.

Without prejudice to the right of any person interested under any order made under this Part of this Enactment to enforce the same by proceedings by way of execution in a Magistrate's Court or in the Court of the Kadhi Besar in pursuance of section 51 of this Enactment, the Court which made the order may, notwithstanding any provision in this Enactment limiting its criminal jurisdiction or powers of punishment, in case of wilful failure to comply therewith, sentence the person in default to a term of imprisonment which may extend, if the order provides for monthly payments, to one week for each month's allowance or part thereof remaining unpaid, but not exceeding in all one month.

Provided that in any such case, in lieu of passing sentence of imprisonment forthwith against the person in default the trial Court may-

(a)

in its discretion order an adjournment; and

(b)

allow reasonable time for the payment of the arrears of maintenance.