Malaysia legislation
Section 4
Section 4
Transmission of maintenance orders made in Malaysia
Where a local Court has, whether before or after the commencement of this Act, made a maintenance order against any person, and it is proved to the Court that the person against whom the order was made is resident in a reciprocating country, the
Court shall send to the Minister charged with responsibility for foreign affairs for transmission to the appropriate authority in the reciprocating country a certified copy of the order.
Power to make provisional orders of maintenance against persons resident in reciprocating countries 5.
(1)
Where an application is made to a local Court for a maintenance order against any person, and it is proved that that person is resident in a reciprocating country, the Court may, in the absence of that person, if after hearing the evidence it is satisfied 034e.fm Page 6 Monday, March 27, 2006 3:13 PM
Maintenance Orders (Facilities for Enforcement) 7
of the justice of the application, make any such order as it might have made if a summons had been duly served on that person and he had failed to appear at the hearing, but in that case the order shall be provisional only, and shall have no effect unless and until confirmed by a competent court in that reciprocating country.
(2)
The evidence of any witness who is examined on any such application shall be put into writing, and the deposition shall be read over to and signed by him.
(3)
Where an order is made as aforesaid, the Court shall send to the Minister charged with responsibility for foreign affairs for transmission to the appropriate authority in the reciprocating country the depositions so taken and a certified copy of the order, together with a certificate stating 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.
(4)
(a)
Where any such provisional order has come before a competent court in the reciprocating country for confirmation, and the order has by that court been remitted to the appropriate local Court which made the order for the purpose of taking further evidence, the local 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.
(b)
If upon the hearing of the evidence it appears to the
Court 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 Minister charged with responsibility for foreign affairs and dealt with in like manner as the original depositions.
(5)
The confirmation of an order made under this section shall not affect any power of a local Court 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 Minister charged with responsibility for foreign affairs for transmission to the appropriate authority in the reciprocating country, 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.