If a parent or spouse is not providing reasonable financial support, the law in Sri Lanka gives a practical route through the Magistrates’ Court under the Maintenance Act No. 37 of 1999. This guide explains in plain language who can apply, what must be proved, where to file, what documents help, how the process usually runs, and how orders are enforced. It is written for the general law. Kandyan and Muslim personal law situations can differ.
Important: This is educational information only. It is not legal advice. Every case turns on its own facts. Speak to a qualified lawyer or the Legal Aid Commission before taking any step.
What the Maintenance Act covers
The Maintenance Act No. 37 of 1999 allows a Magistrate to order a person who has sufficient means to pay a monthly allowance when that person neglects or unreasonably refuses to maintain:
- a spouse who is unable to maintain himself or herself
- a child who is unable to maintain himself or herself
- an adult offspring in certain circumstances
- a disabled offspring
The order is meant to provide reasonable monthly support having regard to the income of the person ordered to pay and the means and circumstances of the person who needs support.
Who can apply
Under section 4 of the Act:
- For a child or disabled offspring — the child/disabled offspring or any person who has custody of them
- For an adult offspring — the adult offspring or, if incapable, any person on their behalf
- For a spouse — the spouse or, if incapable, any person on their behalf
Applications for non-marital children require parentage to be established by cogent evidence.
Where do you file?
You file in the Magistrates’ Court within whose jurisdiction:
- the applicant resides, or
- the person for whom maintenance is claimed resides, or
- the person against whom the application is made resides.
The process is intended to be relatively accessible. Applications and summonses are free of stamp duty.
Step-by-step procedure
- Prepare the application and affidavit — The application must be in writing and signed. It must be supported by an affidavit stating the facts. The affidavit should clearly set out the relationship, the neglect or refusal to maintain, the means of the respondent, and the needs of the applicant or child.
- File in the correct Magistrates’ Court — Lodge the application and affidavit. If the Magistrate is satisfied that the facts set out are sufficient, a summons is issued together with a copy of the affidavit.
- Service of summons — The respondent is summoned to appear and show cause why the application should not be granted.
- Interim order — The Magistrate has discretion to make an interim order for a monthly allowance while the inquiry continues.
- Inquiry — Both sides can lead evidence. The Magistrate decides whether neglect or unreasonable refusal has been proved and what monthly amount is appropriate.
- Final order — If the application is allowed, the court makes a maintenance order. A copy is given to the parties.
- Enforcement — If the order is not obeyed, the Act provides for enforcement, including attachment of salary in appropriate cases and other coercive measures available through the court.
The court may also add the other parent as a party in child-maintenance applications and make orders against one or both parents.
Documents that usually help
- National Identity Cards of the parties
- Birth certificates of the children
- Marriage certificate (if claiming as a spouse)
- Proof of the respondent’s income or employment (salary slips, bank statements, business records if available)
- Evidence of the child’s or applicant’s needs and expenses (school fees, medical bills, rent, etc.)
- Any previous correspondence or messages showing requests for support and the response
- Proof of residence
Keep originals safe and prepare clear copies. Do not alter documents.
Important limits and defences
For spousal maintenance, the Act provides that no order shall be made if the applicant spouse is living in adultery or if both spouses are living separately by mutual consent. These are statutory bars that the court will examine.
The amount ordered is not fixed by a rigid formula. The Magistrate considers the income of the person ordered to pay and the means and circumstances of the person who needs support. The goal is a reasonable monthly allowance, not punishment.
Enforcement of a maintenance order
If the respondent fails to pay, the applicant can apply to enforce the order. The Act specifically allows attachment of the respondent’s salary in appropriate cases. Payment through the post office or bank can also be directed. Persistent non-compliance can lead to further court action.
Keep a clear record of every payment received and every default. This record becomes important if you later need to enforce or vary the order.
Changing or cancelling an order
Either party can apply to the court to cancel the order or to alter the amount if circumstances change (for example a significant change in income, the child becoming self-supporting, or remarriage in some situations). The court will examine the new facts.
Practical tips
- Be factual and precise in the affidavit. Dates, amounts previously paid (if any), and current needs matter more than emotional language.
- Collect evidence of income and expenses early. Courts work with what is proved.
- If safety is a concern, speak to a lawyer about protection orders under the Prevention of Domestic Violence Act as a separate but related step.
- Legal Aid Commission offices and some women’s support organisations can assist with preparation and representation in appropriate cases.
- Maintenance proceedings under the Act are separate from divorce proceedings. You can pursue maintenance even if no divorce case is pending (and vice versa).
How long does it usually take?
There is no fixed statutory timeline. An uncontested or straightforward case with clear evidence and cooperation can move relatively quickly. Contested cases involving disputes over income, parentage or the quantum of support take longer. Court lists, service of summons and the need for evidence all affect the duration. Interim orders can provide temporary relief while the full inquiry proceeds.
These are practical observations only; they are not guarantees.
Frequently asked questions
Can I claim maintenance for a child even if we were never married?
Yes, but parentage must be established by cogent evidence.
Is there a fixed percentage of salary that must be paid?
No. The Magistrate decides a reasonable monthly amount based on the payer’s income and the needs and circumstances of the person to be maintained.
Can the court order maintenance while a divorce case is still pending?
Yes. Maintenance under the Maintenance Act is a separate summary procedure. In a divorce case the District Court can also make interim and permanent alimony orders.
What if the other parent lives abroad?
Service and enforcement become more complex. Special rules and, in some cases, reciprocal arrangements may apply. Professional advice is essential. Not impossible but the court’s willingness to adopt available new laws is the key.
Can a maintenance order be changed later?
Yes. Either party may apply to cancel or vary the order if circumstances change.
Final note
The Maintenance Act is designed to provide a relatively accessible way to obtain monthly support for spouses, children and certain other dependants who cannot maintain themselves. Success depends on clear facts, proper documentation and realistic expectations about what the court can order. This article is only a general educational overview. Your personal situation, the strength of the evidence, and the applicable personal law can change the strategy completely. Get professional advice before you file or respond to any court papers.
HICONT provides general educational content about Sri Lankan law. It is not a substitute for advice from a qualified attorney about your specific circumstances.