Sinek v Hangat [2007] PGDC 169; DC781 (21 November 2007)

DC781

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

FC 304 of 2007

BETWEEN

ROSE SINEK
Complainant

AND

DAVID HANGAT
Defendant

Lorengau: G. Madu, PM

2007: November 21

Counsel

For the Complainant - In person
For the Defendant - In person

21 November, 2007

G. Madu, PM: The defendant is in total arrears of K2,920.00 from the date the payment was effected into the two (2) children’s account as shown by defendant’s payslip and the payment of K500.00 on 30 of July 2007.

1. Since the normal maintenance payment is going through salary deduction and the second payment through the defendant’s account to both children’s account, the defendant is therefore in arrears and liable to pay.

2. The complainant/applicant has filed an application under the maintenance order enforcement act to imprison the defendant for non payment of arrears.

3. It is the view of this Court that since the defendant had effected regular maintenance payments it would not be justified to imprison the defendant for arrears. Such action would not benefit anybody in this case of the two (2) children.

4. The defendant has submitted to Court to consider the arrears by instalment payment.

5. The Court accordingly grants the payment of arrears by instalment and makes the following orders:-

(1) Defendant is ordered to pay K200.00 after every two (2) months until the total arrears of K2, 920.00 is fully paid.

(2) The first payment of K200.00 will fall on 31/12/07 and thereafter will continue at the end of each second month of 2008.

For the Complainant - In Person
For the Defendant - In Person