MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1949

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

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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.

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.

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.

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.

The applicant shall have the same right of appeal, if any, against a refusal to make a provisional order as he would have had against the refusal to make the order had a summons been duly served on the person against whom the order is sought to be made.

Power of local Court to confirm provisional orders of maintenance made in reciprocating countries against persons resident in

Malaysia

Where a maintenance order has been made by a court in a reciprocating country, and the order is provisional only and has no effect unless and until confirmed by a Court having jurisdiction in Malaysia, and a certified copy of the order together with the depositions of witnesses and a certificate stating the grounds on which the order might have been opposed has been transmitted to the Minister charged with responsibility for the judiciary and it appears to the Minister that the person against whom the order was made is resident in Malaysia, the Minister shall cause the documents to be sent to the appropriate local Court 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 the document and requisition the appropriate local Court shall issue a summons and cause it to be served upon that person.

A summons so issued may be served in the same manner as if it had been originally issued under the Criminal Procedure

Code [Act 593].

At the hearing it shall be open to the person on whom the summons was served to raise any defence which he might have raised in the original proceedings 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.

If at the hearing the person served with the summons does not appear or, on appearing, fails to satisfy the local Court that the order ought not be confirmed, the Court may confirm the order either without modification or with such modifications as to the Court after hearing the evidence may seem just.

If the person against whom the summons was issued appears at the hearing and satisfies the local 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 so remit the case and adjourn the proceedings for the purpose.

Where a provisional 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 local Court is satisfied that it is necessary to remit the case to the court which made the order for the purpose of taking further evidence, the local Court may so remit the case and adjourn the proceedings for the purpose.

Where an order has been so confirmed, the person bound thereby shall have the same right of appeal, if any, against the confirmation of the order as he would have had against the making of the order had the order been an order made by the

Court confirming the order.

Power of Minister to make rules for facilitating communications between courts

in the States of Malaya, under the Married Women and

Children (Maintenance) Act 1950 [Act 263], of the

Federation of Malaya; or under any State law as is referred to in section 13 of that Act;

in Sabah, under the Maintenance Ordinance 1959 of

Sabah [Ord. 7 of 1959];

in Sarawak, under Chapter XXXIII (sections 335 to 340A) of the Criminal Procedure Code Cap. 62 (1948

Revised Edition) of Sarawak.

NOTE

[This Chapter is still in force by virtue of section 5 of the Revised Edition of the

Laws Ordinance 1956 of Sarawak.]

Proof of documents signed by officers of court

This Act shall apply to all court orders made and all proceedings commenced under any Enactment or Ordinance in force in any part of Malaysia before the commencement of this 034e.fm Page 10 Monday, March 27, 2006 3:13 PM

Maintenance Orders (Facilities for Enforcement) 11

Act to all intents as if the orders had been made or the proceedings had been commenced under this Act, and, where any such Enactment or Ordinance has been extended to any country or territory specified in the Schedule, this Act shall, for the purposes of any such order or proceeding, be deemed to have been extended to that country or territory notwithstanding the fact that no order in that behalf has been made under section 11.