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Sri Lankan Law Forum » Criminal Law Forum » Maintenance in Sri Lanka

Maintenance in Sri Lanka

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1 Maintenance in Sri Lanka on Fri Oct 20, 2017 8:26 pm


Gender stereotyping and prevalence of cultural sensitivities, inter alia, result in widespread discrimination against women, hampering their livelihoods and financial stability. In rural parts of the country women have become a marginalized community who are more or less financially dependent on their husbands and other male heads of the family.

Maintenance should ideally entail financial support by way of providing shelter, food, education and other essentials. Nonetheless, under the Maintenance Act, No. 37 of 1999 only a monetary payment can be ordered and there's no provision for the payment of mortgage installments where the husband has mortgaged the matrimonial home or, for property arrangements amongst family members which are part and parcel of maintenance.

In a maintenance case, what's required is the speedy settlement and allocation amongst family members in need, the resources and funds of the family through a summary court procedure in contrast to the cumbersome and time-consuming regular procedure in the District Court. And, any delays in providing maintenance by way of food, shelter, medical or educational support could be detrimental to women and the minor children in their custody.

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