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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 54.2 Maintenance Summons - Family Law (Maintenance Of Spouses And Children) Act, 1976 section 5(1)(B) as amended
S.I. No. 42 of 1998

SCHEDULE C
O.54, r.4(1).

No. 54.2

Family Law (Maintenance Of Spouses And Children) Act, 1976

Section 5(1)(B) As Amended

Maintenance Summons

District Court Area of

District No.


.............. Applicant

............. Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant, *(residing) *(carrying on profession, business or occupation) at ........ *(in court area and district aforesaid), for the issue of a summons seeking a maintenance order against you on the grounds THAT YOU the above-named respondent, *(residing) *(carrying on profession, business or occupation) at ........ *(in court area and district aforesaid), being the spouse of ......... *(now deceased) *(who has deserted you) *(who has been deserted by you) *(living separately and apart from you),HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the dependent child(ren) of the family, namely,

......... born on ........,

......... born on .......,

under the age of 18 years,

*( ........ born on .......,

who has attained the age of 18 years and is under the age of 23 years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment),

*( ........ born on .........,

who has attained the age of 18 years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him/her to maintain himself/herself fully).

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District Court for court area and district aforesaid to be held at .......... on the ... day of ..... 19... at .... a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this ...... day of ...... 19...

Signed ...........

Judge of the District Court

(or)

Peace Commissioner

(or)

District Court Clerk

To

of

the above-named respondent.

*Delete words inapplicable.