MAINTENANCE ACT (as amended, as at 01-01-2005)
(3) Subject to subsection (4), an order made in favour of a wife shall, with respect to the wife, cease if
and when—
(a) the wife dies or remarries; or
(b) an order of divorce or decree of nullity is made in respect of the marriage; or
(c) an order of judicial separation is made which includes an order for the maintenance of the wife.
(4) Where an order has been made in favour of more than one person and the amount due to each person under the order has not been apportioned, the order shall not cease with respect to any of those
persons in circumstances specified in subsection (1) or (3) but shall remain in force until varied or
discharged in accordance with section eight.
12 Variation and rescission of directions, orders, etc., made in absence of person
(1) Where a direction or order has been made, varied, extended or discharged or an application for
such direction, order, variation, extension or discharge has been refused in the absence of—
(a) any person affected thereby; or
(b) the applicant therefor;
such person or applicant, as the case may be, may apply to the maintenance officer of the maintenance
court where the order concerned is for the time being registered in terms of section eighteen or, if there is
no such order, where the order was discharged or the application was heard, as the case may be, to vary
or rescind the direction, order, variation, extension or discharge or to rehear the application.
(2) An application made to a maintenance officer in terms of subsection (1) shall—
(a) be on affidavit; and
(b) state the reasons why the applicant did not appear at the inquiry; and
(c) state the grounds on which the variation, rescission or rehearing is sought.
(3) Where an application has been made to him in terms of subsection (1), the maintenance officer
shall cause a notice to be served on all persons likely to be affected by or as a result of the application,
calling upon them to appear before the maintenance court on a date to be specified in the notice and to
show cause why the application should not be granted.
(4) On the date specified in the notice referred to in subsection (3) the maintenance court shall inquire
into the application or may refer the inquiry to the appropriate maintenance court of the province or
district where the person in whose favour the order or direction was or had been made or is sought, as the
case may be, is residing.
(5) The maintenance court holding an inquiry in terms of subsection (4) may, subject to subsections
(3), (4), (5), (6) and (7) of section six which shall apply, mutatis mutandis, grant the application.
(6) An inquiry referred to in subsection (4) shall be held in the presence of the responsible person or in
his absence upon proof of service upon him of the notice referred to in subsection (3).
13 Procedure at inquiries in terms of this Part
At any inquiry in terms of this Part—
(a) any person may appear in person or be represented by a legal practitioner;
(b) save where provision otherwise exists in regulations made in terms of section thirty-two, the proceedings shall be conducted in such manner and on such principles as the maintenance court thinks
best fitted to do substantial justice and the maintenance court may call such witnesses as it considers necessary for the purpose;
(c) the maintenance court shall have power to issue a subpoena for the attendance of any witness, to
call for the production of any book or document and to examine any witness on oath;
(d) the maintenance court may direct that the proceedings be conducted in private;
(e) a record of the proceedings shall be kept;
(f) the maintenance court may adjourn the proceedings from time to time;
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