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Maintenance Act, 1998 (Act No. 99 of 1998)

Regulations Relating to Maintenance

Chapter 2 : Maintenance and other Orders

11. Orders by default

 

1) An order by default, contemplated in section 18(1) of the Act, shall substantially correspond with Part A of Form H of the Annexure.

 

2) A notice to the person against whom an order by. default, referred to in subregulation (1), was made shall substantially correspond with Part B of Form H of the Annexure.

 

3) The return of a maintenance officer, police officer, sheriff or maintenance investigator showing that a copy of an order by default referred to in subregulation (1) was delivered or tendered the person against, whom the order was made, shall substantially correspond with Part C of Form H of the Annexure.

 

4)
a) An application for the variation or setting aside of an order by default, contemplated in section 18(4)(b) of the Act, shall substantially correspond with Part A of Form I of the Annexure.
b) A notice of an application for the variation or setting aside of an order by default, contemplated n section 18(4)(c) of the Act, to the person in whose favour such order was made, shall substantially correspond with Part B of Form I of the Annexure.
c) A person who applied for the variation or setting aside of an order by default shall submit a notice referred to in paragraph (b) to the person in whose favour the order was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.