This Act was repealed on 2015-07-03 by Marriage, Divorce and Family Relations Act.
Married Woman (Maintenance) Act
- Commenced on 29 July 1948
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
- [Repealed by Marriage, Divorce and Family Relations Act (Act 4 of 2015) on 3 July 2015]
1. Short titleThis Act may be cited as the Married Women (Maintenance) Act, and shall not apply to cases in which the parties are married solely under customary law.[11 of 1980]
2. InterpretationIn this Act—“court” means the Resident Magistrate’s or a first or second grade subordinate court;“habitual drunkard” means a person who is by reason of habitual intemperate drinking of intoxicating liquor or of habitual taking or using, except upon medical advice, of opium or other dangerous drugs, at times dangerous to himself or to others, or incapable of managing himself or his affairs.
3. Wife may apply for orderAny married woman whose husband—
4. No order enforceable while wife resides with husbandNo order under this Act shall be enforceable and no liability shall accrue under any such order whilst the married woman with respect to whom the order was made resides with her husband, and any such order shall cease to have effect if for a period of three months after it is made the married woman continues to reside with her husband.
5. Powers of magistrateThe court to which any application under this Act is made may make an order or orders containing all or any of the provisions following—
6. No order in favour of adulterous womenNo orders shall be made under this Act on the application of a married woman if it shall be proved that such married woman has committed an act of adultery, unless the court is satisfied that the husband has condoned or connived at, or by his wilful neglect or misconduct conduced to, such act of adultery.
7. Court may vary or discharge order
8. Power to order interim payment when application is adjourned
9. Enforcement of orders for payment of moneyThe payment of any sum of money directed to be paid by an order under this Act may be enforced in the same manner as the payment of money under an order of affiliation is enforced under section 5 (2) of the Affiliation Act.[Cap. 26:02]
10. Notice of change of addressAny person for the time being under an obligation to make payments under an order made under this Act shall give notice in writing to the clerk of the court which made such order of any change of address, and any person failing to give such notice without reasonable excuse shall be liable to a fine of K10.
11. AppealsAn appeal shall lie from any order or the refusal of any order by a court under this Act to the High Court by the married woman or her husband in the same manner as in the case of any order made by a magistrate under and subject to the provisions of the Criminal Procedure and Evidence Code.[Cap. 8:01]
12. Forms and feesThe Chief Justice may prescribe the forms to be used and the fees to be paid by any person applying for an order under this Act.
History of this document
03 July 2015
Repealed by Marriage, Divorce and Family Relations Act
31 December 2014 this version
29 July 1948