FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 114 Injunctions.

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 114

114. (1) In proceedings of the kind referred to in paragraph (e) of the
definition of ''matrimonial cause'' in sub-section 4 (1), the court may make
such order or grant such injunction as it thinks proper with respect to the
matter to which the proceedings relate, including an injunction for the
personal protection of a party to the marriage or of a child of the marriage
or for the protection of the marital relationship or in relation to the
property of a party to the marriage or relating to the use or occupancy of the
matrimonial home.

(2) In exercising its powers under sub-section (1), the court may make an
order relieving a party to a marriage from any obligation to perform marital
services or render conjugal rights.

(3) A court exercising jurisdiction under this Act in proceedings other than
proceedings to which sub-section (1) applies may grant an injunction, by
interlocutory order or otherwise (including an injunction in aid of the
enforcement of a decree), in any case in which it appears to the court to be
just or convenient to do so and either unconditionally or upon such terms and
conditions as the court thinks appropriate.

(4) If a court having jurisdiction under this Act is satisfied that a person
has knowingly and without reasonable cause contravened or failed to comply
with an injunction or order under this section, that court may-

   (a)  order that person to pay a fine not exceeding $1,000;

   (b)  require that person to enter into a recognizance, with or without
        sureties, in such reasonable amount as the court thinks fit, that he
        will comply with the injunction or order, or order him to be
        imprisoned until he enters into such a recognizance or until the
        expiration of 3 months, whichever first occurs;

   (c)  order that person to deliver up to the court such documents as the
        court thinks fit; and

   (d)  make such other orders as the court considers necessary to enforce
        compliance with the injunction or order.

(5) Sub-section (4) does not prejudice the power of a court to punish a person
for contempt of court.

(6) Where an act or omission referred to in sub-section (4) is an offence
against any other law, the person committing the offence may be prosecuted and
convicted under that law, but nothing in this section renders any person
liable to be punished twice in respect of the same offence.