The Maintenance Orders Enforcement Act, 1921

(1) This Act may be called the Maintenance Orders Enforcement Act, 1921. 1(2) It extends to the whole of India 2[except the State of Jammu and Kashmir*].]

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 DistrictMagistrate; "dependants" means such persons as a person against whom a maintenance order is made is liable tomaintain according to the law in force in 1[the reciprocating territory] in which the maintenance order ismade; 2["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 inthe exercise of civil or criminal jurisdiction for the periodical payment of sums of money towards themaintenance 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 toreceive and transmit documents to which this Act applies; and 3["reciprocating territory" means any country or territory outside India in respect of which this Act forthe time being applies by virtue of a declaration under section 3.]4* * * * *

1[3. Declaration of reciprocal arrangements.If the Central Government is satisfied thatlegal provision exists in any country or territory outside India for the enforcement within thatcountry 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 orterritory and thereupon it shall apply accordingly.]

(1)Where a maintenance order has, whether before or after the passing of this Act, been made againstany person by any Court in any reciprocating territory, and a certified copy of the order has beentransmitted by the proper authority of that territory to the Central Government, the CentralGovernment shall send a copy of the order to the prescribed officer of a Court in 1[India] forregistration, 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 whichthe 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 aCourt of summary jurisdiction.

Where a Court in 1[India] has,whether before or after the commencement of this Act, made a maintenance order against anyperson, and it is proved to that Court that the person against whom the order was made is residentin a reciprocating territory, the Court shall send to the Central Government, for transmission to theproper authority of that territory, a certified copy of the order.