Akta Perempuan Bersuami dan Anak-Anak (Nafkah) 1950
Applies to: Federal Act — see s 7 (Application of Act to orders made under previous Enactments) · Official text ↗
- Defining the relevant courts and geographical scope (s 2)
- Ordering monthly maintenance for wives and legitimate or illegitimate children (s 3)
- Enforcing payment through levying amounts or imprisonment for non-compliance (s 4)
- Considering a wife's refusal to live with her husband and grounds for such refusal (s 5)
- Allowing courts to rescind or vary orders based on changed circumstances or cost of living (s 6)
- Refusing orders if the High Court is a more convenient forum (s 8)
- Granting the High Court jurisdiction over matters under this Act (s 9)
- Enforcing maintenance orders in any court where the person is found (s 11)
What this law is
The Married Women and Children (Maintenance) Act 1950 (Akta Perempuan Bersuami dan Anak-Anak (Nafkah) 1950) is numbered Act 263 in the Laws of Malaysia. Where it applies is set out in section 7 (Application of Act to orders made under previous Enactments).
Its long title, as printed in the official text: An Act to provide for the maintenance of wives and children.
Read every section, the amendment history and the official copy on our law library page for this Act.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Wilfully neglecting to comply with an order made under this Act | Levy of amount due or imprisonment for a term which may extend to one month for each month’s allowance remaining unpaid | s 4 |
Laws cited on this page
| Act 263 | Married Women and Children (Maintenance) Act 1950 Akta Perempuan Bersuami dan Anak-Anak (Nafkah) 1950 | PDF · PDF (BM) · Official ↗ |
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Key sections
| Provision | What it says, in plain words |
|---|---|
| ss 1–2 | The Act applies to Peninsular Malaysia (s 1(2)); a note in the official reprint records that it was extended to Sarawak and the Federal Territory of Labuan from 24 July 1992 (P.U. (A) 271/1992 and P.U. (A) 274/1992). "Court" means a Sessions Court or a Court of a First Class Magistrate (s 2). |
| s 3(1) | Allows a court to order a person to pay a monthly allowance for their wife or a legitimate child who cannot maintain themselves, based on the person's means. |
| s 3(2) | Allows a court to order a person to pay a monthly allowance for an illegitimate child who cannot maintain themselves. |
| s 3(3) | States that the allowance is payable from the date of neglect or refusal, or from a later date specified in the order. |
| s 4 | Permits the court to levy unpaid amounts or sentence a person to imprisonment for up to one month for each month's allowance remaining unpaid if they wilfully neglect to comply with the order. |
| s 5(1) | Requires the court to consider a wife's grounds for refusing to live with her husband if he offers to maintain her on that condition, and allows the court to make an order if he is living in adultery or for other just reasons. |
| s 5(2) | States that a wife is not entitled to an allowance if she is living in adultery or refuses to live with her husband without sufficient reason. |
| s 6(1) | Allows the court to rescind or vary a maintenance order upon proof of a change in circumstances or for other good cause. |
| s 6(2) | Permits the court to consider changes in the general cost of living between the date of the order and the date of the hearing when varying an order. |
| s 8 | Allows the court to refuse to make an order if the matter could be more conveniently dealt with by the High Court, with no appeal from that decision, though the High Court may direct the court to rehear the matter. |
| s 9 | Confers upon the High Court the jurisdiction and powers exercisable by any court under this Act. |
| s 11 | Requires a copy of the maintenance order to be given to the beneficiary or their guardian, and allows payment to be enforced by any court where the person is found, upon proof of identity and non-payment. |
Worked examples
Facts. Daniel has a legitimate son, Marcus, who is unable to maintain himself. Daniel neglects to provide for him.
The law. If a person neglects or refuses to maintain a legitimate child of his who is unable to maintain itself, a court may, on due proof, order a monthly allowance in proportion to his means, as the court thinks reasonable (s 3(1)).
Outcome. The court may order Daniel to pay a monthly allowance for Marcus, payable from the date of the neglect or a later date set in the order (s 3(1), (3)).
Facts. Grace refuses, without any sufficient reason, to live with her husband Peter, who offers to maintain her if she lives with him.
The law. No wife is entitled to an allowance under the Act if, without sufficient reason, she refuses to live with her husband (s 5(2)). Where he offers maintenance on condition that she lives with him, the court considers any grounds of refusal she gives (s 5(1)).
Outcome. If the court finds she has no sufficient reason, Grace is not entitled to an allowance (s 5(2)).
Facts. Ravi was ordered to pay a monthly allowance but wilfully neglects to pay; three months' allowance is unpaid.
The law. For every breach, the court may by warrant direct the amount due to be levied as fines are levied, or sentence him to imprisonment of up to one month for each month's allowance remaining unpaid (s 4).
Outcome. The court may have the arrears levied, or may sentence Ravi to imprisonment of up to three months (s 4).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who can apply for maintenance under this Act?
A wife or a legitimate or illegitimate child who is unable to maintain themselves can apply for maintenance (s 3(1), s 3(2)). The court may order the person to pay a monthly allowance (s 3(1), s 3(2)).
What happens if I do not pay the maintenance order?
If you wilfully neglect to comply with the order, the court may levy the amount due or sentence you to imprisonment (s 4). The imprisonment term may extend to one month for each month’s allowance remaining unpaid (s 4).
Can I refuse to live with my husband and still get maintenance?
No, you are not entitled to an allowance if you refuse to live with your husband without sufficient reason (s 5(2)). However, the court may consider your grounds for refusal if your husband is living in adultery or for other just reasons (s 5(1)).
Can the maintenance order be changed later?
Yes, the court may rescind or vary the order upon proof of a change in circumstances or for other good cause (s 6(1)). The court may also consider changes in the general cost of living (s 6(2)).
Which court can handle my maintenance application?
The application can be made to a Sessions Court or a Court of a First Class Magistrate (s 2). The High Court also has jurisdiction over matters under this Act (s 9).
How is the maintenance order enforced?
A copy of the order is given to the beneficiary or their guardian (s 11). Payment can be enforced by any court where the person is found, upon proof of identity and non-payment (s 11).
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Sources
Related
Married Women and Children (Enforcement of Maintenance) Act 1968Law Reform (Marriage and Divorce) Act 1976Family law: marriage, divorce, maintenance and custodyEnforcing a judgment