Under the Married Women And Children's (Maintenance) Act 1950, a married woman is entitled to maintenance from her husband for herself and their children to maintain themselves during the marriage without having to wait for the divorce hearing in the Court.
An illegitimate child is also entitled to claim maintenance from his/her father.
The wife is entitled to claim reasonable maintenance when: (a) the husband neglects to support her; or (b) he refuses to provide for the family.
Upon proof of either of the above situations, the Court may order the husband to make a monthly allowance as maintenance.
When making a maintenance order, the Court normally will take the following circumstances into consideration:
- The husband's means;
- The family's financial needs such as food and lodging expenses and the children's education;
- The wife's physical or mental disability; and
- The standard of living enjoyed by the family before the husband neglected or refused to provide maintenance.
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