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Maintenance of Family Act

LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006

Commencement: 15 April 1966

CHAPTER 42
MAINTENANCE OF FAMILY

JR 5 of 1966

ARRANGEMENT OF SECTIONS

1. Failure to maintain family
2. Order to maintain family

3. Failure to comply with order

MAINTENANCE OF FAMILY

To provide for the maintenance of family.

1. Failure to maintain family

Any –

1. man who for a period exceeding 1 month fails to make adequate provision for the maintenance of the woman to whom he is legally married or his legitimate children being under the age of 18 years; or
   
2. mother who for a period exceeding 1 month deserts her children being under the age of 18 years;
   

shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT 20,000 or to a period of imprisonment not exceeding 3 months or to both such fine and imprisonment:

Provided that no offence shall be committed under paragraph (a) by a person who is rendered financially incapable of making such provision by reason of:

(i) illness or injury;

(ii) incarceration in prison; or

(iii) any other circumstances beyond his control.

2. Order to maintain family

Where a man is convicted under the provisions of section 1 the court may in such manner as it may think fit order him to make adequate provision for his wife or children being under the age of 18 years.

3. Failure to comply with order

Any person who fails to comply with the provisions of an order made under section 2 shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT 50,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.