Page:The Marriage Laws of Soviet Russia (1921).pdf/48

 provided the latter shall be able to afford such support.

108. If one of the parties to a marriage shall refuse to support the other in case of want and inability to work, the latter party shall have the right to apply to the Department of Social Welfare attached to the local Soviet in the place of residence of the defendant whether husband or wife, and request the same to compel the said defendant to provide such support.

109. A petition for the provision of support shall be free of stamp duty and may be presented personally or sent by mail, or may be made orally, in which case it shall be embodied in an official report.

110. The Department of Social Welfare, upon the receipt of such petition, shall summon the plaintiff and the defendant or, should it be convenient, shall communicate with them by mail.

111. The Department of Social Welfare, after making a thorough inquiry and ascertaining the justice of the claims so presented, shall decree that support shall be provided and shall determine the amount and form thereof.

112. The decision of the Department of Social Welfare relating to the provision of support shall be announced in an open session not later than one month from the day of the receipt of the petition.

113. The Department of Social Welfare in determining the amount and the form of the payment for maintenance shall take into consideration the degree of exigency ond the petitioner's ability to