Section 164
Enforcement of maintenance and affiliation orders by deduction from pay
Where any civil court in Malaysia has made an order against any person (hereinafter referred to as “the defendant”) for the payment of any periodical or other sum specified in the order for or in respect of—
(a)
the maintenance of his wife or child;
(b)
any costs incurred in obtaining the order; or
(c)
any costs incurred in proceedings of appeal against, or for the variation, revocation or revival of, any such order,
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and the defendant is an officer or serviceman of the regular forces, then
(whether or not he was a member of those forces when the order was made) the competent authority may order such sum to be deducted from the pay of the defendant and appropriated in or towards satisfaction of the payment due under the order of the court as the competent authority thinks fit.
(2)
Where to the knowledge of the civil court making any such order as aforesaid, or an order revoking or reviving any such order, the defendant is an officer or serviceman of the regular forces, the civil court shall send a copy of the order to the competent authority.
(3)
The competent authority may vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in paragraph 159(1)(a).
(4)
In this section—
references to an order made by a civil court in Malaysia include references to an order registered in or confirmed by such a civil court under the provisions of the Maintenance Orders (Facilities for
Enforcement) Act 1949 [Act 34];
references to a wife or child include, in relation to an order made in proceedings in connection with the dissolution or annulment of a marriage, references to a person who would have been the wife or child of the defendant if the marriage had subsisted;
references to a child of a person include references to a child of his wife, and to an illegitimate or adopted child of that person or of his wife, and in this paragraph “adopted child” means a child adopted
(whether alone or jointly) in accordance with the provisions of any written law relating to the adoption of children for the time being in force in Malaysia or any part thereof and includes a child whose adoption has been registered in accordance with the provisions of any written law relating to the registration of adoptions for the time being in force in Malaysia.
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