Maintenance Act, 1998 (Act No. 99 of 1998)Chapter 4 : Maintenance and other OrdersEffect of orders, and appeals25. Appeals against orders |
| (1) | Any person aggrieved by any order made by a maintenance court under this Act may, within such period and in such manner as may be prescribed, appeal against such order to the High Court having jurisdiction. |
| (2) | On appeal, the High Court or the Supreme Court of Appeal, as the case may be, may make such order in the matter as it may think fit. |
| (3) | Notwithstanding anything to the contrary contained in any law, an appeal under this section shall not suspend the payment of maintenance in accordance with the maintenance order in question, unless the appeal is noted against a finding that the appellant is legally liable to maintain the person in whose favour the order was made. |
| (4) | For the purposes of subsection (1) "order"— |
| (a) | does not include any order by consent referred to in section 17(1), any provisional order referred to in section 21(3)(a) or any order by default referred to in section 18(2)(a); |
| (b) | includes any discharge of such order as well as any confirmation, setting aside, substitution or variation of such provisional order or such order by default; |
| (c) | includes any refusal to make such order as well as any refusal— |
| (i) | to make such provisional order; |
| (ii) | to make such order by default; or |
| (iii) | to make any provisional maintenance order under section 16 by virtue of the provisions of any other law. |