27.
| (1) The Board may, on an application made to it under section 25, make a maintenance order for the benefit of the applicant, if it considers that it is just and equitable that the respondent should maintain the applicant and that-
| | (a) the respondent is able to provide maintenance to the applicant, after meeting his own requirements and those of his spouse and children ; and | | |
| | (b) the applicant is unable, despite efforts on his part, to maintain himself. | | |
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| (2) When ordering maintenance for the benefit of the applicant, the Board shall have regard to all the circumstances of the case including (but not limited to) the following matters :-
| | (a) the financial needs of the applicant, taking into account reasonable expenses necessary to ensure the provision of basic amenities and the fulfilment of his basic physical needs ; | | |
| | (b) the income earning capacity, property and other financial resources of the applicant and the manner in which the applicant has spent his savings or dissipated his financial resources ; | | |
| | (c) any physical or mental disability of the applicant; | | |
| | (d) the income, earning capacity, property and other financial resources of the respondent; | | |
| | (e) the expenses incurred by the respondent in supporting his spouse or children ; | | |
| | (f) the contributions and provisions, whether financial or otherwise, which the respondent has made for the maintenance of the applicant. | | |
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| (3) If the Board is satisfied that the applicant has at any time prior to the application abandoned or neglected the respondent, it may reduce the quantum of maintenance ordered. |
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| (4) The onus of proving the alleged abandonment, or neglect shall be on the respondent alleging it. |
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| (5) Where there is more than one respondent, the Board may apportion the maintenance among the several respondents in such manner as may appear to the Board to be just and equitable. |
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| (6) The Board shall, before hearing an application under this Act refer the differences between the parties to a conciliation officer for mediation between the parties. |
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Sri Lanka Consolidated Acts