Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Maintenance Claims (Reciprocal Enforcement) Act (No. 54 of 1998) - Sect 5

Enforcement of an order made in a specified country

5.
(1) Where the Secretary receives from the appropriate authority in a specified country, an application made by a person in that country to recover maintenance from a person who is for the time being residing in Sri Lanka on any order made by a court in that country, he shall send such application with a certified copy of the order sought to be enforced together with any other accompanying documents, to the Registrar of the Magistrate's Court within the jurisdiction of which the person who is liable to make payment under such order, is residing.
(2) On receipt of an application under subsection (1), it shall be the duty of the Registrar to register such order in a register to be maintained for that purpose, and thereafter have a copy of such registered order to be served on the person who is liable to make payment under such order.
(3) Where the Registrar of the Magistrate's Court to whom an application is sent under subsection (1) of this section, is satisfied that the person liable to make payment under the order sought to be enforced"
(a) is residing within the jurisdiction of any other Magistrate's Court in Sri Lanka, he shall return the application, the copy of the certified order and all other accompanying documents to the Secretary informing the Secretary of such fact, and the Secretary shall transmit the application, the copy of the certified order and all other accompanying - documents to the Registrar of that other Magistrate's Court; or
(b) is not residing within the jurisdiction of such Magistrate's Court and the whereabouts of such person is not known, he shall return the application, copy of the certified order and all other accompanying documents to the Secretary, who shall transmit them back to the specified country from which the application was sent.
(4) Payment of any sum due under an order registered under subsection (2), 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.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]