{
  "schema_version": "qanun-law-text/1",
  "id": "pk-code-9f68eaa31d720cc8",
  "title": "Maintenance Orders Enforcement Act, 1921",
  "source_collection": "Federal",
  "content_kind": "stored_law_text",
  "content_extent": null,
  "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apyU-sg-jjjjjjjjjjjjj",
  "version": null,
  "source_snapshot": null,
  "legal_status": "not independently verified",
  "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.",
  "text_sha256": "de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024",
  "source_sha256": "de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024",
  "text_version_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024",
  "quality_flags": [],
  "encoding": "UTF-8",
  "text": "Page 1 of 6 \r\n \r\n \r\n \r\nTHE MAINTENANCE ORDERS ENFORCEMENT ACT, 1921 \r\n \r\nCONTENTS \r\n1.  Short title and extent \r\n2.  Definitions \r\n3.  Reciprocal arrangments \r\n4.  Registration of maintenance orders \r\n5.  Transmission of maintenance orders made in Pakistan \r\n6.  Power of summary Courts to make Provincial maintenance orders  \r\n7.  Power of Court of summary jurisdiction to confirm maintenance order made out of Pakistan \r\n8.  Enforcement of maintenance orders \r\n9.  Payment of char ges for transmission of sums awarded as maintenance and other costs and \r\ncharges \r\n10.  Proof of documents signed by officers of Court \r\n11.  Depositions to be evidence \r\n12.  Rule-making power \r\n \r\n  \r\n\r\n \r\nPage 2 of 6 \r\n \r\nTHE MAINTENANCE ORDERS ENFORCEMENT ACT, 1921 \r\n1ACT No. XVIII OF 1921 \r\n[5th October, 1921]  \r\nAn Act to facilitate the enforcement 2[Pakistan] of Maintenance Orders made in other 3[Countries] \r\nand vice versa. \r\n WHEREAS it is expedient to facilitate the enforcement in 2[Pakistan] of Maintenance Orders \r\nmade in other 3[Countries] and vice versa; It is hereby enacted as follows:___  \r\n 1. Short title and extent. ___(1) This Act may be called the Maintenance Orders Enforcement \r\nAct, 1921.  \r\n 4[(2) It extends to the whole of Pakistan.]  \r\n 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,-   \r\n “Court of summary jurisdiction” means the Court 5[* * *] of a District Magistrate;  \r\n “dependants” means such persons as a person against whom a maintenance order is made is \r\nliable to maintain according to the law in force in the 6[country] in which the maintenance order is \r\nmade;  \r\n “maintenance order” means a decree or order, other than an order of affiliation, made by a \r\nCourt in the exercise of civil or criminal jurisdiction for the periodical payment of sums of money \r\ntowards the maintenance of the wife or other dependants of the person against whom the order is \r\nmade;  \r\n “prescribed” means prescribed by rules made under this Act;  \r\n “Proper authority” means the authority appointed b y, or under the law of, a reciprocating \r\nterritory to receive and transmit documents to which this Act applies; and \"reciprocating territory\" \r\nmeans any 6[country] 7* *in respect of which this Act for the time being applies.  \r\n \r\n \r\n \r\n \r\n1 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.  \r\nIt 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 \r\nAreas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.  \r\n2See foot-note 1 on page 8, supra.  \r\n3Subs. by the Maintenance Orders Enforcement (Amdt.) Ordinance, 1962 ( LXIX of 1962), s. 2, for “parts of His Majesty’s Dominions and \r\nProtectorates [Acceding States and non-Acceding States]”. The words in crotchets were ins. by A.O., 1949.)  \r\n4The 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 \r\nsubs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).  \r\n5The words “of a Chief Presidency Magistrate or” omitted by A.O., 1949.  \r\n6Subs. by the Maintenance Orders Enforcement (Amdt.) Ordinance, 1962 (LXIX of 1962), s. 3, for “Part of His Majesty’s Dominions”.  \r\n7The 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 \r\nwere subs. by A.O., 1949, for “British India”.  \r\n \r\nPage 3 of 6 \r\n \r\n 1[3. Reciprocal arrangments. If the 2[Federal Government is statisfied that provisions have \r\nbeen made by the legislature of any country for the enforcement within that coutry of ma intenance \r\norders made by Courts in Pakistan, the 2[Federal Government] may, by notification in the official \r\nGazette, 3[declare that this Act applies in respect of that country and thereupon it shall apply \r\naccordingly.]  \r\n 4[4. Registration of maintenance or ders].___(1) Where a maintenance order has, whether \r\nbefore or after the passing of this Act, been made against any person by any Court in any \r\nreciprocating territory, and a certified copy of the order has been transmitted by the proper authority \r\nof that te rritory to the 5[Federal Government], the 6[Federal Government] shall send a copy of the \r\norder to the prescribed officer of a Court in 7[Pakistan] for registration, and, on receipt thereof, the \r\norder shall be registered in the prescribed manner.  \r\n (2) The Court in which an order is to be so registered as aforesaid shall, if the Court by which \r\nthe order was made was, in the opinion of the 6[Federal Government], a Court of superior \r\njurisdiction, be a High Court, and, if the Court was not, to 8[its] opinion, a  Court of superior \r\njurisdiction, be a Court of summary jurisdiction.  \r\n 5. Transmission of maintenance orders made in Pakistan. Where a Court in 7[Pakistan] \r\nhas, whether before or after the commencement of this Act, made a maintenance order against any \r\nperson, and it is proved to that Court that the person against whom the order was made is resident in \r\na reciprocating territory, the Court shall send  to the 6[Federal Government], for transmission to the \r\nproper authority of that territory, a certified copy of the order.  \r\n 6. Power of summary Courts to make Provincial maintenance orders 9[* *].___(1) Where \r\napplication is made to a Court of summary jurisdiction in 7[Pakistan] for a maintenance order against \r\nany person, and it is proved that that person is resident in a reciprocating territory, the Court may, in \r\nthe absence of that person, if after hearing the evidence it is satisfied of the justice of the  application, \r\nmake any such order as it might have made if that person had wilfully neglected to attend the Court; \r\nbut in such case the order shall be provisional only and shall have no effect unless and until \r\nconfirmed by a competent Court in such territory.  \r\n (2) The evidence of every witness who is examined on any such application shall be reduced \r\nto writing, and such deposition shall be read over to, and signed by, him.  \r\n (3) Where such an order is made, the Court shall send to the 6[Federal Government] , for \r\ntransmission to the proper authority of the reciprocating territory in which the person against whom \r\nthe order is made is alleged to reside, the depositions so taken and a certified copy of the order \r\ntogether with a statement of the grounds on which the making of the order might have been opposed \r\nif the person against whom the order is made had been duly served with a summons and had \r\nappeared at the hearing and such information as the Court possesses for facilitating the identification \r\nof that person and ascertaining his whereabouts. \r\n1Subs. 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. \r\nand the Foreign Awards and Maintenance Orders (Enforcement) (Amdt.) Ordinance, 1962 (LIII of 1962).  \r\n2Subs. by F.A.O,. 1975, Art.2 and Table \"for Central Government\".  \r\n3For 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 \r\nMalaya, see Gaz. of P., 1956, Pt.I, p.546.  \r\n4Subs. by the Maintenance Orders Enforcement (Arndt.) Ordinance, 1962 (LXIX of 1962), s. 5, for the original marginal note  \r\n5Subs. by F. A. O., 1975 Art 2 and Table, “for Central Government”, which was previously amended by A. O., 1937, for “Governor-General”.  \r\n6Subs. by A. O. 1937 for “G. G. in C.”.  \r\n7See foot note 1. on page 8, supra.  \r\n8Subs. by A. O., 1937, for “his”.  \r\n9The words “against persons resident in His Majesty’s Dominions outside the Provinces, etc.,” omitted by the  Maintenance Orders Enforce -ment \r\n(Arndt.) Ordinance, 1962 (LXIX of 1962), s. 6.  \r\n \r\nPage 4 of 6 \r\n \r\n (4) Where any such provisional order has come before a Court in a reciprocating territory for \r\nconfirmation, and the order has by that Court been remitted to the Court of summ ary jurisdiction \r\nwhich made the order for the purpose of taking further evidence, that Court shall, after giving the \r\nprescribed notice, proceed to take the evidence in like manner and subject to the like conditions as \r\nthe evidence in support of the original application.  \r\n (5) If it appears to the Court hearing such evidence that the order ought not to have been \r\nmade, the Court may rescind the order, but in any other case the depositions shall be sent to the \r\n1[Federal Government] and dealt with in like manner as the original depositions.  \r\n (6) The confirmation of an order made under this section shall not affect any power of a \r\nCourt of summary jurisdiction to vary or rescind that order:  \r\n Provided that, on the making of a varying or rescinding order, the Court shall send a certified \r\ncopy thereof to the 1[Federal Government] for transmission to the proper authority of the \r\nreciprocating territory in which the original order was confirmed, or to which it was sent for \r\nconfirmation and that, in the case of an order varying the original order, the order shall not have any \r\neffect unless and until confirmed in like manner as the original order.  \r\n 7. Power of Court of summary jurisdiction to confirm maintenance order made out of \r\nPakistan.___(1) Where a maintenance order has been made by a Court in a reciprocating territory and \r\nthe order is provisional only, and has no effect unless and until confirmed by a Court of summary \r\njurisdiction in 2[Pakistan], and a certified copy of the order, together with the depositions of the \r\nwitnesses and a statement of the grounds, on which the order might have been opposed, has been \r\ntransmitted to the 3[Federal Government], and it appears to the 4[Federal Government], t hat the \r\nperson against whom the order has been made is resident in 2[Pakistan] the 4[Federal Government] \r\nmay send the said documents to the prescribed officer of a Court of summary jurisdiction, with a \r\nrequisition that a summons be issued calling upon the person to show cause why that order should \r\nnot be confirmed, and, upon receipt of such documents and requisition, the Court shall issue such a \r\nsummons and cause it to be served upon such person.  \r\n (2) A summons issued under sub -section (1) shall for all pu rposes be deemed to be a \r\nsummons issued by the Court in the exercise of its original criminal jurisdiction.  \r\n (3) At the hearing it shall be open to the person to whom the summons was issued to raise \r\nany defence which he might have raised in the original p roceedings had he been a party thereto, but \r\nno other defence, and the certificate from the Court which made the provisional order stating the \r\ngrounds on which the making of the order might have been opposed if the person against whom the \r\norder was made had been a party to the proceedings shall be conclusive evidence that those grounds \r\nare grounds on which objection may be taken.  \r\n(4) If at the hearing the person served with the summons does not appear or, on appearing, fails to \r\nsatisfy the Court that the or der ought not to be confirmed, the Court may, notwithstanding any \r\npecuniary limit imposed on its power by any law for the time being in force in 2[Pakistan], confirmed \r\nthe order either without modification or with such modifications as to the Court after h earing the \r\nevidence may seem just: \r\n1Subs. 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.”.  \r\n2Subs 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 \r\nProvinces and the Capital of the Federation” which had been subs. by A.O. 1949, for “British India”.  \r\n3Subs. by F.A.O.,1975, Art 2 and Table for “Central Government”, which was previously amended by A. O.,1937, for “Governor-General”.  \r\n4Subs. by A. O.,1937 for “G. G. in C.”.  \r\n \r\n \r\nPage 5 of 6 \r\n \r\n Provided that no sum shall be awarded as maintenance under this section, or shall be \r\nrecoverable as such, at a rate exceeding that proposed in the provisional order.  \r\n (5) If the person to whom the summons was issued appears at the hearing and satisfies the \r\nCourt that for the purpose of any defence it is necessary to remit the case to the Court which made \r\nthe provisional order for the taking of any further  evidence, the Court may for that purpose send a \r\ncertified copy of the record to the 1[Federal Government] for transmission to that Court through the \r\nproper authority of the reciprocating territory, and may adjourn the proceedings.  \r\n (6) Where a provisiona l order has been confirmed under this section it may be varied or \r\nrescinded in like manner as if it had originally been made by the confirming Court, and where on an \r\napplication for rescission or variation the Court is satisfied that it is necessary to rem it the case to the \r\nCourt which made the provisional order for the purpose of taking any further, evidence, the Court \r\nmay for that purpose send a certified copy of the record to the 1[Federal Government] for \r\ntransmission to that Court through the proper aut hority of the reciprocating territory, and may \r\nadjourn the proceedings.  \r\n 8. Enforcement of maintenance orders.___(1) Subject to the provisions of this Act, where an \r\norder has been registered under this Act in a High Court, the order shall, from the date o f such \r\nregistration, be of the same force and effect, and all proceedings may be  taken thereon as if it had \r\nbeen an order originally obtained in the High Court in the exercise of its civil jurisdiction, or in such \r\nCivil Court subordinate to that High Court  as may be named by the High Court in this behalf, and \r\nthat Court shall have power to enforce the order accordingly.  \r\n (2) A Court of summary jurisdiction in which an order has been registered under this Act or \r\nby which an order has been confirmed under th is Act, and the officers of such Court, shall have such \r\npowers and perform such duties, for the, purpose of enforcing the order, as may be prescribed. \r\n 9. Payment of charges for transmission of sums awarded as maintenance and other costs \r\nand charges. A Court in registering or confirming an order for maintenance in accordance with the \r\nprovisions of this Act shall direct that the charges for the transmission to the Court, from which the \r\norder has been received or in which the provisional order has been made, as the case may be, of the \r\nsum awarded as maintenance shall be borne by the person against whom the order has been so made \r\nor confirmed, and shall be recovered from him in addition to the sum awarded as maintenance and in \r\naddition to, and in the same manne r as, such other costs and charges as may be awarded or levied by \r\nthe Court.  \r\n 10. Proof of documents signed by officers of Court. For the purposes of this Act, any \r\ndocument purporting to be signed by a judge or officer of a Court outside 2[Pakistan] shall, until the \r\ncontrary is proved, be deemed to have been so signed without proof of the signature of judicial or \r\nofficial character of the person appearing to have signed it, and the officer of a Court by whom a \r\ndocument is signed shall, until the contrary i s proved, be deemed to have been the proper officer of \r\nthe Court to sign the document. \r\n  11. Depositions to be evidence. Depositions taken in a Court in any reciprocating territory \r\nmay, for the purposes of this Act, be received in evidence in proceedings b efore Courts of summary \r\njurisdiction under this Act. \r\n1Subs. 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.”.  \r\n2Subs 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 \r\nProvinces and the Capital of the Federation” which had been subs. by A.O. 1949, for “British India”.  \r\n \r\n \r\nPage 6 of 6 \r\n \r\n 12. Rule -making power. The 1[Federal Government] may make rules for the purpose of \r\ncarrying into effect the purposes of this Act, and in particular may make rules for the levy of the \r\ncosts or charges for anything done under this Act and for all matters which are directed or permitted  \r\nto be prescribed.  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDated:05.04.24 \r\n \r\n1Subs. 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",
  "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive",
  "passages": [
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-0-1736:07ab22137309b46001ee56d76656006e2ac2986de9281cbe592f8ddf4baefd1b",
      "character_start": 0,
      "character_end": 1736,
      "utf8_byte_start": 0,
      "utf8_byte_end": 1748,
      "passage_sha256": "07ab22137309b46001ee56d76656006e2ac2986de9281cbe592f8ddf4baefd1b",
      "reader_fragment": "p-0-1736-07ab22137309b460"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-1736-3449:ce3b2e8a09a2dfbf85eed91b081b1e834ea5e6258c8550680c76d1775ee3ee30",
      "character_start": 1736,
      "character_end": 3449,
      "utf8_byte_start": 1748,
      "utf8_byte_end": 3485,
      "passage_sha256": "ce3b2e8a09a2dfbf85eed91b081b1e834ea5e6258c8550680c76d1775ee3ee30",
      "reader_fragment": "p-1736-3449-ce3b2e8a09a2dfbf"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-3449-5162:12577e154141f995ecb3bc5d735042bad7fe5e55020ac9a315030b6bad143775",
      "character_start": 3449,
      "character_end": 5162,
      "utf8_byte_start": 3485,
      "utf8_byte_end": 5206,
      "passage_sha256": "12577e154141f995ecb3bc5d735042bad7fe5e55020ac9a315030b6bad143775",
      "reader_fragment": "p-3449-5162-12577e154141f995"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-5162-6922:d48cb395123ea59688cc0f71f298bfab04c70a2735ad5659e490e4d62c98b72d",
      "character_start": 5162,
      "character_end": 6922,
      "utf8_byte_start": 5206,
      "utf8_byte_end": 6966,
      "passage_sha256": "d48cb395123ea59688cc0f71f298bfab04c70a2735ad5659e490e4d62c98b72d",
      "reader_fragment": "p-5162-6922-d48cb395123ea596"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-6922-8692:9843fa43617a38a47bcd077fa3ddfab41eb3920bb3c017f44f9c820f83f109a8",
      "character_start": 6922,
      "character_end": 8692,
      "utf8_byte_start": 6966,
      "utf8_byte_end": 8758,
      "passage_sha256": "9843fa43617a38a47bcd077fa3ddfab41eb3920bb3c017f44f9c820f83f109a8",
      "reader_fragment": "p-6922-8692-9843fa43617a38a4"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-8692-10442:eb973d0457f0dd4d1f159a62f430956393a48a8459e2121cc8e0ef9998872465",
      "character_start": 8692,
      "character_end": 10442,
      "utf8_byte_start": 8758,
      "utf8_byte_end": 10508,
      "passage_sha256": "eb973d0457f0dd4d1f159a62f430956393a48a8459e2121cc8e0ef9998872465",
      "reader_fragment": "p-8692-10442-eb973d0457f0dd4d"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-10442-12177:c98477ee10ec5c31eaa4ea00e85e80f80901bc2eebd65dabab1dd5a067de8b38",
      "character_start": 10442,
      "character_end": 12177,
      "utf8_byte_start": 10508,
      "utf8_byte_end": 12271,
      "passage_sha256": "c98477ee10ec5c31eaa4ea00e85e80f80901bc2eebd65dabab1dd5a067de8b38",
      "reader_fragment": "p-10442-12177-c98477ee10ec5c31"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-12177-13967:56cf78d799cb1c78918b89162738aff7c91b71a1a827e7b54fed8c53a11a2d2f",
      "character_start": 12177,
      "character_end": 13967,
      "utf8_byte_start": 12271,
      "utf8_byte_end": 14061,
      "passage_sha256": "56cf78d799cb1c78918b89162738aff7c91b71a1a827e7b54fed8c53a11a2d2f",
      "reader_fragment": "p-12177-13967-56cf78d799cb1c78"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-13967-15670:4c1ce4dcfe1a93fb3251b2b26f290c1a15a788f0d92eb6309a29aeb1b882a3b1",
      "character_start": 13967,
      "character_end": 15670,
      "utf8_byte_start": 14061,
      "utf8_byte_end": 15764,
      "passage_sha256": "4c1ce4dcfe1a93fb3251b2b26f290c1a15a788f0d92eb6309a29aeb1b882a3b1",
      "reader_fragment": "p-13967-15670-4c1ce4dcfe1a93fb"
    },
    {
      "passage_id": "law:pk-code-9f68eaa31d720cc8:sha256:de665fe16989d0b86e417fd5f893ec2cc0aa489ea0746d9ff4b4071880028024:chars-15670-16741:e88ba97641a9baaa1e0e156ee2b640f4fb57caa88220d328519ca3251e156042",
      "character_start": 15670,
      "character_end": 16741,
      "utf8_byte_start": 15764,
      "utf8_byte_end": 16857,
      "passage_sha256": "e88ba97641a9baaa1e0e156ee2b640f4fb57caa88220d328519ca3251e156042",
      "reader_fragment": "p-15670-16741-e88ba97641a9baaa"
    }
  ]
}