2. Definitions.

In this Act, unless there is anything repugnant in the subject or context,

"Court of summary jurisdiction" means the Court of a Chief Presidency Magistrate or of a District Magistrate;

"dependants" means such persons as a person against whom a maintenance order is made is liable to maintain according to the law in force in 9[the reciprocating territory] in which the maintenance order is made;

10["India" means the territory of India excluding the State of Jammu and Kashmir*;]

"maintenance order" means a decree or order, other than an order of affiliation, made by a Court in the exercise of civil or criminal jurisdiction for the periodical payment of sums of money towards the maintenance of the wife or other dependants of the person against whom the order is made;

"prescribed" means prescribed by rules made under this Act;

"proper authority" means the authority appointed by, or under the law of, a reciprocating territory to receive and transmit documents to which this Act applies; and

11["reciprocating territory" means any country or territory outside India in respect of which this Act for the time being applies by virtue of a declaration under section 3.]

1. This Act has been extended and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule.

2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "Part A States and Part C States".

3. Subs. by the A.O. 1950, for "in other parts of".

4. The words and letters "in Part B States or" omitted by Act 3 of 1951, s. 3 and the Schedule.

5. Subs. by Act 47 of 1952, s. 2, for "His Majesty's Dominions and Protectorates"

6. The words "Acceding States and other Indian States" omitted by the A.O. 1950.

7. Subs., ibid., for sub-section (2).

8. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "except Part B States".

9. Subs. by Act 47 of 1952, s. 3, for "the Part of His Majesty's Dominions".

10. Ins. by Act 3 of 1951, s. 3 and the Schedule.

11. Subs. by Act 47 of 1952, s. 3, for definition of "reciprocating territory".

12. Definition of "States" omitted by Act 3 of 1951, s. 3 and the Schedule. Earlier it was inserted by the A.O. 1950.

*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

Back

Index

Next