THE MAINTENANCE ORDERS ENFORCEMENT ACT, 1921 [Act, No. 18 of 1921] [5th October, 1921] PREAMBLE An Act to facilitate the enforcement in 1 [India] of Maintenance Orders made 2 [3 [* * *] in 4 [reciprocating territories]], 5 [***] and vice versa. Whereas it is expedient to facilitate the enforcement in 1 [India] of Maintenance Orders made 2 [3 [* * *] in 4 [reciprocating territories]], 5 [***] and vice versa; It is hereby enacted as follows:-- ________________________ 1. Substituted for the words "Part A States and Part C States" by Part B States (Laws) Act, 1951 (3 of 1951), section 3 and Schedule (1-4-1951). 2. The words "in Part B States or in" were substituted for "in other parts of," by A.L.O, 1950. 3. The words "in Part B States or" were omitted by Act 3 of 1951, section 3 and Sch. (1-4-1951). 4. Substituted for the words "His Majesty's Dominion and Protectorates" by Maintenance Orders Enforcement (Amdt.) Act, 1952 (47 of 1952), section 2 (30-7-1952). 5. The words "Acceding States and other Indian States" were omitted by A.L.O., 1950.
View Complete Act List Judgments citing this section(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].] ________________________ 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).
View Complete Act List Judgments citing this section.....applies by virtue of a declaration under section 3.] 4[*****] ________________________ 1 . Substituted for the words "the part of His Majesty's Dominions" by Maintenance Orders Enforcement (Amdt.) Act, 1952 (47 of 1952), section 3 (30-7-1952). 2 . Inserted by Part B States (Laws) Act, 1951 (3 of 1951), section 3 and Schedule (1-4-1951). 3 . Substituted for former definition by Maintenance Orders Enforcement (Amdt.) Act, 1952 (47 of 1952), section 3 (30-7-1952) Ministry of Law and Justice Notification No. GSR645(E) Dated 19.10.2005 stating that Maintenance Orders Enforcement Act,1921 applicable in Respect of Kingdom of Bahrain . 4 . Definition of "States" was omitted by Part B States (Laws) Act, 1951 (3 of 1951), section 3 and Schedule (1-4-1951).
View Complete Act List Judgments citing this section(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.
View Complete Act List Judgments citing this sectionA 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.
View Complete Act List Judgments citing this sectionFor 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. ________________________ 1 . Substituted for the words "the States" by Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. (1-4-1951).
View Complete Act List Judgments citing this sectionDepositions 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.
View Complete Act List Judgments citing this sectionPreamble1 - MAINTENANCE ORDERS ENFORCEMENT ACT, 1921 Section1 - Short title and extent Section2 - Definitions Section3 - Declaration of reciprocal arrangements Section4 - Registration in India of maintenance orders made in the reciprocating territories Section5 - Transmission of maintenance orders made in India Section6 - Power of summary Courts to make provisional maintenance orders against persons resident in reciprocating territories Section7 - Power of Court of summary jurisdiction to confirm maintenance order made out of India Section8 - Enforcement of maintenance orders Section9 - Payment of charges for transmission of sums awarded as maintenance and other costs and charges Section10 - Proof of documents signed by officers of Court Section11 - Depositions to be evidence Section12 - Rule-making power
List Judgments citing this sectionWhere 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. ________________________ 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.
View Complete Act List Judgments citing this section1[3. Declaration of 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.] ________________________ 1 . Substituted for former section by Maintenance Orders Enforcement (Amdt.) Act, 1952 (47 of 1952), section 4 (30-7-1952).
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