4.
| (1) Where the Secretary receives from the appropriate authority in a specified country, an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in Sri Lanka, he shall send the application together with any accompanying documents to the Registrar of the Magistrates Court within the jurisdiction of which that other person is residing. |
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| (2) If a summons to appear before a Magistrate's Court having jurisdiction to hear the application cannot be duly served on the other person, the Registrar of the Court shall, subject to subsection (3), return the application and the accompanying documents to the Secretary with a statement that such other person is not residing within the jurisdiction of that court and such persons whereabouts are not known. The Secretary shall thereupon return the application and the accompanying documents to the appropriate authority in the specified Country. |
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| (3) If the Registrar of a Magistrate's Court to whom the application is sent in pursuance of subsection (1) of this section, is satisfied that the other person is residing within the jurisdiction of another Magistrate's Court in Sri Lanka, he shall send the application and all the accompanying documents to the Secretary informing the Secretary of such fact and the Secretary shall transmit such application and the accompanying documents to the Registrar of that other Magistrates Court. |
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| (4) The Registrar of the Magistrate's Court to whom the application is sent under subsection (3), shall proceed as if it had been sent to him under subsection (1). |
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| (5) An application made under this section shall"
| | (a) be treated as an application for an order under section 2 of the Maintenance Ordinance and sections 3, 4 and 5 of that Ordinance shall apply in relation to such application and any order made in pursuance thereof; and | | |
| | (b) be proceeded with as if the applicant was present in person before the Court. | | |
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| (6) When a Magistrate's Court makes an order on that application, the Registrar shall register the order in a register to be maintained for that purpose. |
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| (7) Payment of any sum due under a registered order shall, while the order is registered in a Magistrate's Court, be made in such manner as may be determined by the Magistrate and sections 8A and 8B of the Maintenance Ordinance shall not apply in relation to such registered order. |
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Sri Lanka Consolidated Acts