61.—(1) Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a District Court or Magistrate’s Court and that court on due proof thereof may order the husband to pay a monthly allowance or a lump sum for her maintenance.
(2) If any person neglects or refuses to maintain his legitimate or illegitimate child who is unable to maintain himself, a District Court or Magistrate’s Court on due proof thereof may order that person to pay a monthly allowance or a lump sum for the maintenance of that child.
(3) The allowance referred to in subsections (1) and (2) shall be payable from such date as the court directs.
(4) The court, when ordering maintenance for a wife or child under this section, shall have regard to all the circumstances of the case including the following matters:
(a)
the financial needs of the wife or child;
(b)
the income earning capacity (if any), property and other financial resources of the wife or child;
(c)
any physical or mental disability of the wife or child; and
(d)
the standard of living enjoyed by the applicant before the husband or father neglected or refused to provide reasonable maintenance for the wife or child.
(5) An application for the maintenance of a child under subsection (2) may be made by any person who is the guardian or has the actual custody of the child.
(6) The court shall have the powers conferred by section 78 as regards proceedings relating to the attachment of earnings order.