Maintenance Orders Enforcement Act, 1921
No: 18 Dated: Oct, 05 1921
THE MAINTENANCE ORDERS ENFORCEMENT ACT, 1921
ACT NO. 18 OF 1921
An Act to facilitate the enforcement in India of Maintenance Orders made in reciprocating territories, and vice versa.
WHEREAS it is expedient to facilitate the enforcement in India of Maintenance Orders made in reciprocating territories, and vice versa;
It is hereby enacted as follows:
1. Short title and extent.—(1) This Act may be called the Maintenance Orders Enforcement Act, 1921.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
“Court of summary jurisdiction” means the Court of a Chief Presidency Magistrate or of a District Magistrate;
“dependants” means such persons as a person against whom a maintenance order is made is liable to maintain according to the law in force in the reciprocating territory in which the maintenance order is made;
“India” means the territory of India excluding the State of Jammu and Kashmir*;
“maintenance order” means a decree or order, other than an order of affiliation, made by a Court in the exercise of civil or criminal jurisdiction for the periodical payment of sums of money towards the maintenance of the wife or other dependants of the person against whom the order is made;
“prescribed” means prescribed by rules made under this Act;
“proper authority” means the authority appointed by, or under the law of, a reciprocating territory to receive and transmit documents to which this Act applies; and
“reciprocating territory” means any country or territory outside India in respect of which this Act for the time being applies by virtue of a declaration under section 3.
3. Declaration of reciprocal arrangements.— If the Central Government is satisfied that legal provision exists in any country or territory outside India for the enforcement within that country or territory of maintenance orders made by Courts in India, the Central Government may, by notification in the Official Gazette, declare that this Act applies in respect of that country or territory and thereupon it shall apply accordingly.
4. Registration in India of maintenance orders made in the reciprocating territories.— (1) Where a maintenance order has, whether before or after the passing of this Act, been made against any person by any Court in any reciprocating territory, and a certified copy of the order has been transmitted by the proper authority of that territory to the Central Government, the Central Government shall send a copy of the order to the prescribed officer of a Court in India for registration, and, on receipt thereof, the order shall be registered in the prescribed manner.
(2) The Court in which an order is to be so registered as aforesaid shall, if the Court by which the order was made was, in the opinion of the Central Government, a Court of superior jurisdiction, be a High Court, and, if the Court was not, in its opinion, a Court of superior jurisdiction, be a Court of summary jurisdiction.