Maintenance Orders Enforcement Act, 1921

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THE MAINTENANCE ORDERS ENFORCEMENT ACT, 1921 
 
CONTENTS 
1.  Short title and extent 
2.  Definitions 
3.  Reciprocal arrangments 
4.  Registration of maintenance orders 
5.  Transmission of maintenance orders made in Pakistan 
6.  Power of summary Courts to make Provincial maintenance orders  
7.  Power of Court of summary jurisdiction to confirm maintenance order made out of Pakistan 
8.  Enforcement of maintenance orders 
9.  Payment of char ges for transmission of sums awarded as maintenance and other costs and 
charges 
10.  Proof of documents signed by officers of Court 
11.  Depositions to be evidence 
12.  Rule-making power 
 
  

 
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THE MAINTENANCE ORDERS ENFORCEMENT ACT, 1921 
1ACT No. XVIII OF 1921 
[5th October, 1921]  
An Act to facilitate the enforcement 2[Pakistan] of Maintenance Orders made in other 3[Countries] 
and vice versa. 
 WHEREAS it is expedient to facilitate the enforcement in 2[Pakistan] of Maintenance Orders 
made in other 3[Countries] 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.  
 4[(2) It extends to the whole of Pakistan.]  
 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,-   
 “Court of summary jurisdiction” means the Court 5[* * *] 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 6[country] in which the maintenance order is 
made;  
 “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 b y, or under the law of, a reciprocating 
territory to receive and transmit documents to which this Act applies; and "reciprocating territory" 
means any 6[country] 7* *in respect of which this Act for the time being applies.  
 
 
 
 
1 For Statement of Objects and Reasons, see Gazette of India, 1921, Pt. V, p. 5; and for Report of Select Committee, see ibid., 1921, Pt. V, p. 127.  
It has been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applie d in the Federated 
Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.  
2See foot-note 1 on page 8, supra.  
3Subs. by the Maintenance Orders Enforcement (Amdt.) Ordinance, 1962 ( LXIX of 1962), s. 2, for “parts of His Majesty’s Dominions and 
Protectorates [Acceding States and non-Acceding States]”. The words in crotchets were ins. by A.O., 1949.)  
4The original sub -section (2) as amended by A.O., 1949 and the Federal Laws (Revision and  Declaration) Act, 1951 ( XXVI of 1951), s. 8, has been 
subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).  
5The words “of a Chief Presidency Magistrate or” omitted by A.O., 1949.  
6Subs. by the Maintenance Orders Enforcement (Amdt.) Ordinance, 1962 (LXIX of 1962), s. 3, for “Part of His Majesty’s Dominions”.  
7The words “outside [Pakistan]” have been omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 195 6). The words in crotchets 
were subs. by A.O., 1949, for “British India”.  
 
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 1[3. Reciprocal arrangments. If the 2[Federal Government is statisfied that provisions have 
been made by the legislature of any country for the enforcement within that coutry of ma intenance 
orders made by Courts in Pakistan, the 2[Federal Government] may, by notification in the official 
Gazette, 3[declare that this Act applies in respect of that country and thereupon it shall apply 
accordingly.]  
 4[4. Registration of maintenance or ders].___(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 te rritory to the 5[Federal Government], the 6[Federal Government] shall send a copy of the 
order to the prescribed officer of a Court in 7[Pakistan] 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 6[Federal Government], a Court of superior 
jurisdiction, be a High Court, and, if the Court was not, to 8[its] opinion, a  Court of superior 
jurisdiction, be a Court of summary jurisdiction.  
 5. Transmission of maintenance orders made in Pakistan. Where a Court in 7[Pakistan] 
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 the 6[Federal Government], for transmission to the 
proper authority of that territory, a certified copy of the order.  
 6. Power of summary Courts to make Provincial maintenance orders 9[* *].___(1) Where 
application is made to a Court of summary jurisdiction in 7[Pakistan] 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 6[Federal Government] , for 
transmission to the proper authority of the reciprocating territory in which the person against whom 
the order is made is alleged to reside, the depositions so taken and a certified copy of the order 
together with a statement of the grounds on which the making of the order might have been opposed 
if the person against whom the order is made had been duly served with a summons and had 
appeared at the hearing and such information as the Court possesses for facilitating the identification 
of that person and ascertaining his whereabouts. 
1Subs. by Ord. No. LXIX of 1962, s.4, for the original sectionn 3 as amended by A.O., 1937, A.O., 1949 Ordinance No. XXI of 1960,s.3 and 2nd Sch. 
and the Foreign Awards and Maintenance Orders (Enforcement) (Amdt.) Ordinance, 1962 (LIII of 1962).  
2Subs. by F.A.O,. 1975, Art.2 and Table "for Central Government".  
3For such declaration in respect of any country outside Pakistan, see G.S.R.O. and Gaz. of P., 1961 Pt.I, p.138; and in respec t of the Federation of 
Malaya, see Gaz. of P., 1956, Pt.I, p.546.  
4Subs. by the Maintenance Orders Enforcement (Arndt.) Ordinance, 1962 (LXIX of 1962), s. 5, for the original marginal note  
5Subs. by F. A. O., 1975 Art 2 and Table, “for Central Government”, which was previously amended by A. O., 1937, for “Governor-General”.  
6Subs. by A. O. 1937 for “G. G. in C.”.  
7See foot note 1. on page 8, supra.  
8Subs. by A. O., 1937, for “his”.  
9The words “against persons resident in His Majesty’s Dominions outside the Provinces, etc.,” omitted by the  Maintenance Orders Enforce -ment 
(Arndt.) Ordinance, 1962 (LXIX of 1962), s. 6.  
 
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 (4) Where any such provisional order has come before a Court in a reciprocating territory for 
confirmation, and the order has by that Court been remitted to the Court of summ ary jurisdiction 
which made the order for the purpose of taking further evidence, that Court shall, after giving the 
prescribed notice, proceed to take the evidence in like manner and subject to the like conditions as 
the evidence in support of the original application.  
 (5) If it appears to the Court hearing such evidence that the order ought not to have been 
made, the Court may rescind the order, but in any other case the depositions shall be sent to the 
1[Federal Government] and dealt with in like manner as the original depositions.  
 (6) The confirmation of an order made under this section shall not affect any power of a 
Court of summary jurisdiction to vary or rescind that order:  
 Provided that, on the making of a varying or rescinding order, the Court shall send a certified 
copy thereof to the 1[Federal Government] for transmission to the proper authority of the 
reciprocating territory in which the original order was confirmed, or to which it was sent for 
confirmation and that, in the case of an order varying the original order, the order shall not have any 
effect unless and until confirmed in like manner as the original order.  
 7. Power of Court of summary jurisdiction to confirm maintenance order made out of 
Pakistan.___(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 in 2[Pakistan], 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 the 3[Federal Government], and it appears to the 4[Federal Government], t hat the 
person against whom the order has been made is resident in 2[Pakistan] the 4[Federal 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 such a 
summons and cause it to be served upon such person.  
 (2) A summons issued under sub -section (1) shall for all pu rposes be deemed to be a 
summons issued by the Court in the exercise of its original criminal jurisdiction.  
 (3) At the hearing it shall be open to the person to whom the summons was issued to raise 
any defence which he might have raised in the original p roceedings had he been a party thereto, but 
no other defence, and the certificate from the Court which made the provisional order stating the 
grounds on which the making of the order might have been opposed if the person against whom the 
order was made had been a party to the proceedings shall be conclusive evidence that those grounds 
are grounds on which objection may be taken.  
(4) If at the hearing the person served with the summons does not appear or, on appearing, fails to 
satisfy the Court that the or der ought not to be confirmed, the Court may, notwithstanding any 
pecuniary limit imposed on its power by any law for the time being in force in 2[Pakistan], confirmed 
the order either without modification or with such modifications as to the Court after h earing the 
evidence may seem just: 
1Subs. by F.A.O., 1975. Art. 2 and Table, for “Central Government” which was previously amended by A. O.,1937, for “G.G. in C.”.  
2Subs by the Central Laws (St atute Reform) Ordinance, 1960 (XXI  of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the 
Provinces and the Capital of the Federation” which had been subs. by A.O. 1949, for “British India”.  
3Subs. by F.A.O.,1975, Art 2 and Table for “Central Government”, which was previously amended by A. O.,1937, for “Governor-General”.  
4Subs. by A. O.,1937 for “G. G. in C.”.  
 
 
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 Provided that no sum shall be awarded as maintenance under this section, or shall be 
recoverable as such, at a rate exceeding that proposed in the provisional order.  
 (5) If the person to whom the summons was issued appears at the hearing and satisfies the 
Court that for the purpose of any defence it is necessary to remit the case to the Court which made 
the provisional order for the taking of any further  evidence, the Court may for that purpose send a 
certified copy of the record to the 1[Federal Government] for transmission to that Court through the 
proper authority of the reciprocating territory, and may adjourn the proceedings.  
 (6) Where a provisiona l order has been confirmed under this section it may be varied or 
rescinded in like manner as if it had originally been made by the confirming Court, and where on an 
application for rescission or variation the Court is satisfied that it is necessary to rem it the case to the 
Court which made the provisional order for the purpose of taking any further, evidence, the Court 
may for that purpose send a certified copy of the record to the 1[Federal Government] for 
transmission to that Court through the proper aut hority of the reciprocating territory, and may 
adjourn the proceedings.  
 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 o f 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 th is 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. 
 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 manne r as, such other costs and charges as may be awarded or levied by 
the Court.  
 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 outside 2[Pakistan] 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 i s proved, be deemed to have been the proper officer of 
the Court to sign the document. 
  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 b efore Courts of summary 
jurisdiction under this Act. 
1Subs. by F. A. O., 1975, Art. 2. and Table, for “Central Government” which was previously amended by A. O., 1937; for “G. G. in C.”.  
2Subs by the Central Laws (St atute Reform) Ordinance, 1960 (XXI  of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the 
Provinces and the Capital of the Federation” which had been subs. by A.O. 1949, for “British India”.  
 
 
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 12. Rule -making power. The 1[Federal Government] may 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.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Dated:05.04.24 
 
1Subs. by F. A. O., 1975, Art. 2 and Table, for “Central Government”, which was previously amended by A.O., 1937, for “G. G. in C