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MAINTENANCE ORDERS ENFORCEMENT ACT, 1921 MAINTENANCE ORDERS ENFORCEMENT ACT, 1921 18 of 1921 5th October, 1921 STATEMENT OF OBJECTS AND REASONS "The Imperial Conference of 1911 passed are solution that, in order to secure justice and protection for wives deserted by their husbands and children who had been deserted by their legal guardians either in the United Kingdom or in any part of the Dominions, reciprocal legal provisions should be adopted in the constituent parts of the Empire in the interest of such destitute and deserted persons. As a result, the English Act (10 and 11 Geo. V, Ch.
33) was recently passed to facilitate the enforcement in England and Ireland of maintenance orders made in other parts of His Majesty's Dominions and Protectorates and vice versa. Section 12of the Act empowers His Majesty to extend it by Order in Council to those Dominions and Protectorates which make reciprocal legal provisions. The object of the present Bill, which generally follows the lines of the English Act, is to make such reciprocal provisions by facilitating the enforcement in British India of maintenance orders made in other parts of His Majesty's Dominions and Protectorates and vice versa. That is, read with the English Act, the present Bill allows the enforcement of orders for the maintenance of wives and children deserted in England on persons liable under such orders who have come to British India, and vice versa for the enforcement of maintenance orders in favour of wives and children deserted in British India by those liable to support them if such persons have gone to England. The Bill makes provision for the following classes of cases:
(1) Where after the making of a maintenance, order the husband (or other person liable for maintenance) has gone from British India to another part of the Empire in Which reciprocal legislation is in force;
(2) Where the husband or other person liable has gone from British India to a reciprocating part of the Empire before the making of any maintenance order;
(3) Where after the making of a maintenance order in a reciprocating part of the Empire the husband or other person liable has come to British India; and (4) Where before the making of a maintenance order in reciprocating part of the Empire the husband or other person liable has come to British India. As regards cases falling under head (1), clause 5 enables an order made by a Court in British India to be transmitted to the Courts in the other reciprocating part of the Empire to be registered and enforced there. Similarly, clause 4, read with clause 8, enables an order made by a Court in a reciprocating part of the Empire, in cases falling under head (3), to be registered and enforced in British India. In cases falling under head (2), clause 6 authorises the making of a provisional order in the absence of the husband or other person liable which will have no effect unless confirmed by a Court in the reciprocating country to which the husband has gone, and clause 7 deals with the opposite class of cases falling under head (4). Sub-clauses (6) and (7) of clauses 6 and 7 [Sub-clause (7) was omitted by the Select Committee] provide for the variation and revocation of orders and for appeals. Clause 3(2) enables reciprocity, similar to that for which the Bill provides in the case of parts of His Majesty's Dominions, to be established with such Indian States as may pass legislation for the enforcement in such States of orders made by British' Indian Courts. The procedure for enforcing orders registered in a High Court will be the same as that for an order originally obtained in the High Court, but for a Court of summary jurisdiction the method in which orders will be enforced has been left to be prescribed by rules."-Gazette of India, 1921, Part V, page 2[India] of Maintenance Orders made3[4[* * *] in5[reciprocating territories]],6[* * *] and vice versa. Whereas it is expedient to facilitate the enforcement in2[India] of Maintenance Orders made3[4[* * *] in5[reciprocating territories]],6[* * *] and vice versa; It is hereby enacted as follows :-
1) This Act may be called The Maintenance Orders Enforcement Act, 1921. 7[(2) It extends to the whole of India8[except the State of Jammu and Kashmir].]