S. SARANERIS, Appellant, and A. PEMAWATHIE, Respondent

076-NLR-NLR-V-69-S.-SARANERIS-Appellant-and-A.-PEMAWATHIE-Respondent.pdf


SRI SKANDA RAJAH, J-—Saraneria v. Pemawalhie
383
1966Present: Sri Skanda Rajah, J.S. SARANERIS, Appellant, and A. PEMAWATHIE, Respondent
S.C. 48/66—M.C. Balapitiya, 44743
Maintenance Ordinance—Section 8—Enforcement of order of maintenance—Sentenceof imprisonment—Quantum.
Section 8 of the Maintenance Ordinance empowers a Magistrate to sentenceto imprisonment a defendant who commits a breach of an order of maintenanceonly in respect of the period of default for which distress warrant has beenissued.
Appeal from an order of the Magistrate’s Court, Balapitiya.No appearance for either party.
June 3, 1966. Sri Skanda Rajah, J.—
In this case for maintenance, the applicant-respondent made ailapplication for Distress Warrant to recover arrears of Rs. 60/- due forthree months from the defendant-appellant. The Distress Warrant wasreturned with the report that the defendant-appellant was not possessedof any property which could be seized under the Distress Warrant. . Atthe time the Distress Warrant was returned, seven months’ arrears weredue but Distress Warrant had gone only in respect of three months’arrears. The Magistrate however proceeded to sentence the defendant-appellant to a term of Beven months’ rigorous imprisonment.
The Magistrate was, however, entitled to sentence the defendant-appellant to only three months’ imprisonment regarding which DistressWarrant was issued. Section 8 of the Maintenance Ordinance (Chapter91) empowers a Magistrate to sentence a defendant who commits a breach
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SRI SKANDA RAJAH, J.—Saraneris v. Pemawathie
of the order only in respect of the period of default for which DistressWarrant has been issued. It is only after Distress Warrant has beenissued in respect of the four further months and returned with a reportthat the defendant can lawfully be sentenced regarding the four months’default. Therefore, I set aside the order of imprisonment for sevenmonths and substitute in its place a sentence of three months’ rigorousimprisonment.
Sentence reduced.