Section 165
Deductions from pay for maintenance of wife or child
Where the competent authority is satisfied that an officer or serviceman is neglecting, without reasonable cause, to maintain his wife or any child of his under the age of seventeen years, the competent authority may order such sums to be deducted from his pay and appropriated towards the maintenance of his wife or child as the competent authority thinks fit.
(2)
On an application made to the competent authority for an order under the foregoing subsection the competent authority, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in the foregoing subsection to take effect pending the further examination of the case.
(3)
Where an order under subsection 164(1) is in force for the making of deductions in favour of any person from the pay of an officer or serviceman of the regular forces, no deduction from his pay in favour of the same person shall be ordered under the foregoing provisions of this section unless the officer or serviceman is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the civil court in consequence of which the order under subsection 164(1) was made.
(4)
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).
(5)
The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power—
(a)
subject to subsection (3), to make such an order after the child has reached the age of seventeen years, if an order in favour of the child under subsection 164(1) is in force;
Armed Forces 151
(b)
to make such an order after the child has attained the age of seventeen years if—
(i)
such an order as is mentioned in subsection 164(1)
was in force in favour of the child at the time when the child attained that age;
(ii)
the person from whose pay the deductions are ordered is in such a place as is mentioned in subsection (3); and
(iii)
the child is for the time being engaged in a course of education or training; or
(c)
to continue such an order from time to time after the child has attained the age of seventeen years, if the child is for the time being engaged in a course of education or training, but no order so made or continued shall remain in force after the child attains the age of twenty-one years or shall, unless continued under paragraph (c), remain in force for more than two years.