sec.36Discharge of orders apparently abandoned

### sec.36 Discharge of orders apparently abandoned Where the court, upon ex parte application by the clerk of the court for the place where payments under an order are required to be made, is of opinion that the order appears to have been abandoned, the court shall, upon such terms as it thinks fit, issue a notice directed to all persons (other than children) to be affected thereby, calling upon them to show cause why the order should not be discharged. The court may, in a proper case, dispense with the service of a notice issued under subsection (1) in the case of any person or persons to whom the notice is directed. An application under subsection (1) shall be heard and determined by the court for the place where payments under the order are required to be made unless the hearing of the application is adjourned upon the application of the clerk of the court, or of any person served with a notice as aforesaid and desirous of showing cause, to a court sitting at another place. Where the court hearing an application under subsection (1) is satisfied— that during the 12 months immediately preceding the application no payment under the order has been made by or on behalf of the person against whom the order was made; and that the person for whose benefit the order was made appears to have abandoned the order, or, where that person is a child, the person or persons, other than the child, interested in enforcing the order appears or appear to have abandoned the order; and that either— all persons to whom the notice under subsection (1) was directed (not being any such person upon whom service of the notice is dispensed with under subsection (2) ) fail to appear; or if any of those persons appear—cause is not shown to the satisfaction of the court why the order should not be discharged; the court shall discharge the order. Where an order is discharged under this section, it may be discharged as from any past day. The court shall entertain an application under this section to discharge an order notwithstanding that the person against whom the order was made is in default in complying therewith. (sec.36-ssec.1) Where the court, upon ex parte application by the clerk of the court for the place where payments under an order are required to be made, is of opinion that the order appears to have been abandoned, the court shall, upon such terms as it thinks fit, issue a notice directed to all persons (other than children) to be affected thereby, calling upon them to show cause why the order should not be discharged. (sec.36-ssec.2) The court may, in a proper case, dispense with the service of a notice issued under subsection (1) in the case of any person or persons to whom the notice is directed. (sec.36-ssec.3) An application under subsection (1) shall be heard and determined by the court for the place where payments under the order are required to be made unless the hearing of the application is adjourned upon the application of the clerk of the court, or of any person served with a notice as aforesaid and desirous of showing cause, to a court sitting at another place. (sec.36-ssec.4) Where the court hearing an application under subsection (1) is satisfied— that during the 12 months immediately preceding the application no payment under the order has been made by or on behalf of the person against whom the order was made; and that the person for whose benefit the order was made appears to have abandoned the order, or, where that person is a child, the person or persons, other than the child, interested in enforcing the order appears or appear to have abandoned the order; and that either— all persons to whom the notice under subsection (1) was directed (not being any such person upon whom service of the notice is dispensed with under subsection (2) ) fail to appear; or if any of those persons appear—cause is not shown to the satisfaction of the court why the order should not be discharged; the court shall discharge the order. (sec.36-ssec.5) Where an order is discharged under this section, it may be discharged as from any past day. (sec.36-ssec.6) The court shall entertain an application under this section to discharge an order notwithstanding that the person against whom the order was made is in default in complying therewith. - (a) that during the 12 months immediately preceding the application no payment under the order has been made by or on behalf of the person against whom the order was made; and - (b) that the person for whose benefit the order was made appears to have abandoned the order, or, where that person is a child, the person or persons, other than the child, interested in enforcing the order appears or appear to have abandoned the order; and - (c) that either— (i) all persons to whom the notice under subsection (1) was directed (not being any such person upon whom service of the notice is dispensed with under subsection (2) ) fail to appear; or (ii) if any of those persons appear—cause is not shown to the satisfaction of the court why the order should not be discharged; - (i) all persons to whom the notice under subsection (1) was directed (not being any such person upon whom service of the notice is dispensed with under subsection (2) ) fail to appear; or - (ii) if any of those persons appear—cause is not shown to the satisfaction of the court why the order should not be discharged; - (i) all persons to whom the notice under subsection (1) was directed (not being any such person upon whom service of the notice is dispensed with under subsection (2) ) fail to appear; or - (ii) if any of those persons appear—cause is not shown to the satisfaction of the court why the order should not be discharged;