Maintenance Orders Act, 1974

Taking of evidence for court in reciprocating jurisdiction.

21.—(1) Where, for the purpose of any maintenance proceedings in a court in a reciprocating jurisdiction or proceedings in such court for the enforcement of a maintenance order, a request is received by the Master of the High Court from an appropriate authority for the taking in the State of the evidence of a person residing therein relating to matters specified in the request, the Master shall request a justice of the District Court to take such evidence.

(2) The justice shall, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as he thinks fit, take the evidence and cause a record thereof to be sent to the Master for transmission to the appropriate authority from which the request was received.

(3) The justice shall have the same powers in relation to compelling the attendance of persons and the production of documents and in relation to the taking of evidence as the District Court has on the hearing of an action.

(4) A person whose evidence is requested to be taken under subsection (1) shall, in relation to the taking of the evidence, have the same rights as he would have on the hearing of an action in the District Court.

(5) Where any person, not being a party to proceedings referred to in subsection (1), attends pursuant to a request under that subsection, the justice concerned may order that there shall be paid to him out of public funds such sum by way of expenses as the District Court may order to be paid in respect of a witness on the hearing of an action.