Cap. 242 Art. 8Confirmation by court in Malta of provisional maintenance order made in reciprocating country.

(1) This article applies to a maintenance order made, whether before or after the commencement of this article, by a court in a reciprocating country being a provisional order.

(2) Where a certified copy of an order to which this article applies together with -

(a) a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the order was made; and

(b) a statement of the grounds on which the making of the order might have been opposed by the debtor under the order, is received by the Minister from the responsible authority in a reciprocating country, and it appears to the Minister that the debtor under the order is residing in Malta, he shall send the copy of the order and documents which accompanied it to the Registrar, and the competent Maltese court, shall -

(i) if the debtor under the order establishes any such defence as he might have raised in the proceedings in which the order was made, refuse to confirm the order; and

(ii) in any other case, confirm the order either without relation or with such alterations as it thinks reasonable.

(3) In any proceedings for the confirmation under this article of a provisional order, the statement received from the court which made the order of the grounds on which the making of the order might have been opposed by the debtor under the order shall be conclusive evidence that the debtor might have raised a defence on any of those grounds in the proceedings in which the order was made.

(4) For the purpose of determining whether a provisional order should be confirmed under this article the court shall proceed as if an application for a maintenance order against the debtor under the provisional order had been made to it and for this purpose a copy of the order shall be served on the debtor under the order together with an intimation that unless he makes appearance at the hearing, or otherwise enters a reply at or before the hearing, the court will confirm the order under this article.

(5) If the court confirms the order, the Registrar shall register the order in that court, and if the court refuses to confirm the order, debtor under that order the Registrar shall return that copy and the documents which accompanied it to the Minister with a statement giving such information as he possesses as to the whereabouts of the debtor.