S.1 Short title and extent

       (1) This Act may be called The Maintenance Orders Enforcement Act, 1921.
       1[(2) It extends to the whole of India2[except the State of Jammu and Kashmir].]
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       1 . Substituted for former sub-section (2) by A.L.O., 1950.
       2 . Substituted for the words "except Part B States" by Part B States (Laws) Act, 1951 (3 of 1951), section 3 and Schedule (1-4-1951).

S.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 in1[the reciprocating territory] in which the maintenance order is made;
       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 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 or

S.3 Declaration of reciprocal arrangements

       1[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.]
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       1 . Substituted for former section by Maintenance Orders Enforcement (Amdt.) Act, 1952 (47 of 1952), section 4 (30-7-1952).

S.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 acertified copy of the order has been transmitted by the proper authority of thatterritory to the 1 [Central Government], the 1 [CentralGovernment] shall send a copy of the order to the prescribed officer of a Courtin 2 [India] for registration, and, on receipt thereof, the ordershall be registered in the prescribed manner.
       (2) The Court in which an orderis to be so registered as aforesaid shall, if the Court by which the order wasmade was, in the opinion of the 1 [Central Government], a Court ofsuperior jurisdiction, be a High Court, and, if the Court was not, in 3 [its]opinion, a Court of superior jurisdiction, be a Court of summary jurisdiction.
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S.5 Transmission of maintenance orders made in India

       Where a Court in1[India] has, whether before or after the commencement of this Act, made a maintenance order against any person, and it is proved to that Court that the person against whom the order was made is resident in a reciprocating territory, the Court shall send to the2[Central Government], for transmission to the proper authority of that territory, a certified copy of the order.
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       1. Substituted for the words "the States", by Part B States (Laws) Act, 1951 (3 of 1951), section 3 and Schedule (1-4-1951).
       2. Substituted for the words "Governor-General in Council" by A.O., 1937.

S.6 Power of summary Courts to make provisional maintenance orders against persons resident in reciprocating territories

       (1) Where application is made to a Court of summary jurisdiction in 1 [India] for a maintenance order against any person, and it is proved that that person is resident in a reciprocating territory, the Court may, in the absence of that person, if after hearing the evidence it is satisfied of the justice of the application, make any such order as it might have made if that person had wilfully neglected to attend the Court; but in such case the order shall be provisional only and shall have no effect unless and until confirmed by a competent Court in such territory.
       (2) The evidence of every witness who is examined on any such application shall be reduced to writing, and such deposition shall be read over to, and signed by him.
       (3) Where such an order is made, the Court shall send to the 2 [Central Government], for transmission to the prop

S.7 Power of Court of summary jurisdiction to confirm maintenance order made out of India

       (1) Where a maintenance order has been made by a Court in a reciprocating territory and the order is provisional only, and has no effect unless and until confirmed by a Court of summary jurisdiction in1[India], and a certified copy of the order, together with the depositions of the witnesses and a statement of the grounds on which the order might have been opposed has been transmitted to the2[Central Government], and it appears to the3[Central Government] that the person against whom the order has been made is resident in1[India], the2[Central Government] may send the said documents to the prescribed officer of a Court of summary jurisdiction, with a requisition that a summons be issued calling upon the person to show cause why that order should not be confirmed, and, upon receipt of such documents and requisition, the Court shall issue a summons and cause it to be served upon such person.
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S.8 Enforcement of maintenance orders

       (1) Subject to the provisions of this Act, where an order has been registered under this Act in a High Court, the order shall, from the date of such registration, be of the same force and effect, and all proceedings may be taken thereon as if it had been an order originally obtained in the High Court in the exercise of its civil jurisdiction, or in such Civil Court subordinate to that High Court as may be named by the High Court in this behalf, and that Court shall have power to enforce the order accordingly.
       (2) A Court of summary jurisdiction in which an order has been registered under this Act or by which an order has been confirmed under this Act, and the officers of such Court, shall have such powers and perform such duties, for the purpose of enforcing the order, as may be prescribed.

S.9 Payment of charges for transmission of sums awarded as maintenance and other costs and charges

A Court in registering or confirming an order for maintenance in accordance with the provisions of this Act shall direct that the charges for the transmission to the Court, from which the order has been received or in which the provisional order has been made, as the case may be, of the sum awarded as maintenance shall be borne by the person against whom the order has been so made or confirmed, and shall be recovered from him in addition to the sum awarded as maintenance and in addition to, and in the same manner as, such other costs and charges as may be awarded or levied by the Court.

S.10 Proof of documents signed by officers of Court

       For the purposes of this Act, any document purporting to be signed by a Judge or officer of a Court outside1[India] shall, until the contrary is proved, be deemed to have been so signed without proof of the signature of judicial or official character of the person appearing to have signed it, and the officer of a Court by whom a document is signed shall, until the contrary is proved, be deemed to have been the proper officer of the Court to sign the document.
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       1 . Substituted for the words "the States" by Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. (1-4-1951).

S.11 Depositions to be evidence

Depositions taken in a Court in any reciprocating territory may, for the purposes of this Act, be received in evidence in proceedings before Courts of summary jurisdiction under this Act.

S.12 Rule-making power

       1[(1)] The2[Central Government]3[may, by notification in the Official Gazette, make rules] for the purpose of carrying into effect the purposes of this Act, and in particular may make rules for the levy of the costs or charges for anything done under this Act and for all matters which are directed or permitted to be prescribed.
       1[(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modifi