Maintenance Orders Act, 1974

Jurisdiction where defendant resides in reciprocating jurisdiction and transmission of documents.

17.—(1) Where proceedings are instituted under the Married Women (Maintenance in case of Desertion) Act, 1886, or the Illegitimate Children (Affiliation Orders) Act, 1930 , against a person residing in a reciprocating jurisdiction for the making, variation or revocation of a maintenance order, the court shall have the like jurisdiction to hear and determine the proceedings as it would have if that person were residing in the State and a summons to appear before the court had been served on him.

(2) The jurisdiction conferred by subsection (1) shall, in so far as it vests in the District Court, be exercised by the justice of the District Court for the time being assigned to the district court district in which the person instituting the proceedings resides.

(3) (a) On the institution of proceedings to which subsection (1) relates, the registrar or clerk of the court shall send the documents specified in paragraph (b) to the Master of the High Court, who shall transmit them to the appropriate authority in the reciprocating jurisdiction concerned if it appears to him that the statement referred to in paragraph (b) (ii) gives sufficient information to justify that being done.

(b) The documents referred to in paragraph (a) are—

(i) notice of the institution of the proceedings, which shall include a statement of the substance of the complaint or application, as the case may be,

(ii) a statement signed by the registrar or clerk giving such information as he possesses as to the whereabouts of the person against whom the proceedings have been instituted,

(iii) a statement signed by the registrar or clerk giving such information as he possesses for facilitating the identification of that person,

(iv) where available, a photograph of that person, and

(v) any other relevant document.