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High Court, in habeas corpus proceedings, refuses to order the release of an applicant who was imprisoned by a District Court judge after failing to pay maintenance, on the grounds that the order of the District judge on its face showed no invalidity, and judicial review would be a more appropriate remedy.
Criminal law – habeas corpus – Article 40.4.2 inquiry – imprisonment of maintenance debtor – s.9 (8) of the Family Law (Maintenance of Spouse and Children) Act 1976 as inserted by the Civil Law (Miscellaneous Provisions) Act 2011 – order of the District Judge on its face showed no invalidity – release of applicant refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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