A man who had been imprisoned for a month for failing to pay his maintenance to his wife had his punishment reduced to a Lm25 fine on appeal.

Mr Justice Joseph Galea Debono, presiding over the Court of Appeal, altered the punishment after hearing that since the Magistrates' Court's judgment the man had paid his wife Lm2,714.

"This court believes that the aim of the legislator, on introducing this contravention some years ago, was to put pressure on the person who was reluctant to pay maintenance to his dependants... and not to punish the person for breaching the court's rulings (to pay maintenance)," the judge said.

After hearing that the man had paid his wife, the judge ruled that this was a reason to reduce the punishment.

The judge, however, threw out the man's argument that he could no longer pay maintenance as he was out of a job after he suffered a heart attack. If this were the case, the court ruled, the man should have filed an application requesting a change in the maintenance agreement.

The name of the accused is not being published due to the nature of the case.

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