2Definitions
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 in 1 [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 order is made;
"prescribed" means prescribed by rules made under this Act;
"proper authority" means the authority appointed by, or under the law of, a reciprocating territory to receive and transmit documents to which this Act applies; and
3["reciprocating territory" means any country or territory outside India in respect of which this Act for the time being applies by virtue of a declaration under section 3.] 4* * * * *
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1. Subs. by Act 47 of 1952, s. 3, for "the Part of His Majesty's Dominions".
2. Ins. by Act 3 of 1951, s. 3 and the Schedule.
3. Subs. by Act 47 of 1952, s. 3, for definition of "reciprocating territory".
4. Definition of "States" omitted by Act 3 of 1951, s. 3 and the Schedule. Earlier it was inserted by the A.O. 1950.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
- 1 Short title and extent
- 2 Definitions
- 3 Declaration of reciprocal arrangements
- 4 Registration in India of maintenance orders maintenance orders made in the reciprocating territories
- 5 Transmission of maintenance orders made in India
- 6 Power of summary Courts to make provisional maintenance order against persons resident in reciprocating territories
- 7 Powers of Court of summary jurisdiction to confirm maintenance order made out of India
- 8 Enforcement of maintenance orders
- 9 Payment of charges 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