Akta Perempuan Bersuami dan Anak-Anak (Penguatkuasaan Nafkah) 1968
Applies to: Federal Act — see s 2 (Application) · Official text ↗
- Defines key terms such as 'defendant', 'employer', 'earnings', and 'maintenance order' (s 3).
- Allows courts to make an attachment of earnings order to deduct maintenance from wages or pensions (s 4).
- Specifies how the amount to be deducted is determined based on the defendant's resources and needs (s 5).
- Outlines the duties of employers to comply with orders and provide written statements to the defendant (s 7).
- Details how payments received by the court are applied to discharge debts and costs (s 10).
- Provides for orders requiring payment directly to the court if income is not from earnings, including seizure of property (s 13).
- Authorizes State Legislatures to apply the Act to Syariah Court maintenance orders with specific modifications (s 14, s 15).
What this law is
The Married Women and Children (Enforcement of Maintenance) Act 1968 (Akta Perempuan Bersuami dan Anak-Anak (Penguatkuasaan Nafkah) 1968) is numbered Act 794 in the Laws of Malaysia. Where it applies is set out in section 2 (Application).
Its long title, as printed in the official text: An Act to provide for the enforcement of maintenance orders.
Read every section, the amendment history and the official copy on our law library page for this Act.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Period before an attachment of earnings order comes into force after service on the employer | seven days | s 5(4) |
| Period for employer to give notice if they were not the defendant's employer in the preceding month | forthwith | s 7(4) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Failing to comply with the attachment order, giving false notice, or recklessly giving false notice | imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both | s 12(1) |
| Neglecting or failing to comply with an order to pay money to the court where income is not from earnings | imprisonment for a term not exceeding one month for every such neglect or failure | s 13(6) |
Laws cited on this page
| Act 794 | Married Women and Children (Enforcement of Maintenance) Act 1968 Akta Perempuan Bersuami dan Anak-Anak (Penguatkuasaan Nafkah) 1968 | PDF · PDF (BM) · Official ↗ |
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Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | The Act applies specifically to Peninsular Malaysia. |
| s 3 | Defines 'defendant' as the person liable to pay, 'employer' as the principal paying earnings, and 'earnings' to include wages, salaries, bonuses, pensions, and gratuities. |
| s 4 | The court may make an attachment of earnings order if it considers it just, upon application by the person entitled to maintenance or their guardian. |
| s 5 | The order requires the employer to deduct a reasonable sum from the defendant's earnings, taking into account the defendant's resources and the needs of those they must provide for. |
| s 6 | Other enforcement proceedings are suspended when an attachment order is made, and the order ceases to have effect if the defendant is imprisoned or the maintenance order is rescinded. |
| s 7 | Employers must comply with the order and provide the defendant with a written statement of the amount paid; if the person is not the employer, they must notify the court. |
| s 10 | Sums paid to the court are deemed payments by the defendant, first discharging unpaid maintenance sums and then any related costs. |
| s 12 | Non-compliance with the order or giving false notices is an offence punishable by imprisonment, a fine, or both, with a defence available if reasonable steps were taken to comply. |
| s 13 | If the defendant's income is not from earnings, the court can order direct payment to the court, and if unpaid, may seize property or imprison the defendant for up to one month per failure. |
| s 14 | State Legislatures in Peninsular Malaysia are authorized to apply this Act to maintenance orders made by Syariah Courts. |
| s 15 | When applied to Syariah Court orders, the Act is modified so that 'court' includes the Syariah Court and its orders are valid as if made by a First Class Magistrate. |
Worked examples
Facts. Mei Fong has a maintenance order against her former husband Jason, who works for a private company and keeps missing payments. She applies for an attachment of earnings order.
The law. The court may make an attachment of earnings order on the application of the person for whose maintenance the order is made if it considers it just (s 4(1)). The order requires the employer to make payments out of the defendant's earnings, in an amount the court thinks reasonable after taking into account his resources and needs and the needs of those he must provide for (s 5(1)–(2)).
Outcome. If the order is made, it comes into force seven days after a copy is served on the employer (s 5(4)); the employer pays as directed and the sums are passed to Mei Fong (s 10(1)).
Facts. An attachment of earnings order is served on a company that has not employed the defendant at any time in the month before service.
The law. A person served with an order who, during the month before service, was on no occasion the defendant's employer must forthwith give written notice to that effect to the court in the prescribed form (s 7(4)).
Outcome. The company must notify the court in writing straight away; failing to do so is an offence (s 12(1)(a)).
Facts. Kumar earns from freelance work, not a salary. The court ordered him to pay the maintenance into court on fixed days, and he fails to pay.
The law. The court may call on him to show cause (s 13(3)); if sufficient cause is not shown and the sum is not paid, it may issue a warrant for the attachment and sale of his property (s 13(4)); if the sum cannot be recovered that way, it may direct imprisonment of up to one month for every neglect or failure (s 13(6)).
Outcome. Kumar's property may be attached and sold; if that does not recover the money, he may be imprisoned (s 13(4), (6)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who can apply for an attachment of earnings order?
The person for whose maintenance the order is made or the guardian of such person can apply (s 4(1)). The application can be made in the same proceedings as the maintenance order or in subsequent proceedings (s 4(2)).
What counts as 'earnings' for this Act?
Earnings include wages, salary, fees, bonus, commission, overtime pay, and other emoluments (s 3). It also includes pensions, gratuity, annuity, and periodical payments for loss of office or employment (s 3).
How is the amount to be deducted determined?
The court prescribes a sum that seems reasonable after taking into account the resources and needs of the defendant and the needs of persons for whom the defendant must or reasonably should provide (s 5(2)).
What happens if the employer is not the defendant's employer?
If the person to whom the order is directed was not the defendant's employer in the one month preceding service, they must give notice in writing to the court (s 7(4)).
Can the defendant be imprisoned for not paying?
Where the defendant's income is not from earnings and he fails to pay into court as ordered, the court may, if the money cannot be recovered by attachment and sale of his property, direct imprisonment of up to one month for every neglect or failure (s 13(6)).
Does this Act apply to Syariah Court orders?
Yes, State Legislatures in Peninsular Malaysia are authorized to apply this Act to maintenance orders made by Syariah Courts (s 14). When applied, the Act is modified to include Syariah Courts and their orders are valid as if made by a First Class Magistrate (s 15).
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Sources
Related
Married Women and Children (Maintenance) Act 1950Law Reform (Marriage and Divorce) Act 1976Enforcing a judgmentFamily law: marriage, divorce, maintenance and custody