Cap. 48 Art. 6Power of Civil Court,FirstHall,to confirm maintenanceorders made outside Malta.

(1) Where a maintenance order has been made by a court in England or Ireland or in any other part of Her Majesty’s

Dominions to which this Ordinance extends, and the order is provisional only and has no effect unless and until confirmed by a court in Malta, and a certified copy of the order, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed has been transmitted to the

President of Malta, and it appears to the President of Malta that the person against whom the order was made is resident in Malta, the

President of Malta may send the said documents to the Registrar of Courts with a requisition that a sworn application be issued by the Civil Court, First Hall, calling upon the person to show cause why that order should not be confirmed, and upon receipt of such documents and requisition, the court shall issue such a sworn application and cause it to be served upon such person.

(2) A sworn application so issued may be served in Malta in the same manner as if it has been originally issued by a court having jurisdiction in the place where the person happens to be.

(3) At the hearing it shall be open to the person on whom the sworn application was served to raise any defence which he might have raised in the original proceedings had he been a party thereto, but no other defence, and the certificate from the court which made the provisional order stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings, shall be conclusive evidence that those grounds are grounds on which objection may be taken. modifications as to the court, after hearing the evidence, may seem just.

(5) If the person against whom the sworn application was issued appears at the hearing and satisfies the court that, for the purpose of any defence, it is necessary to remit the case to the court which made the provisional order for the taking of any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.

(6) Where a provisional order has been confirmed under this article, it may be varied and rescinded in like manner as if it had originally been made by the confirming court, and where, on an application for rescission or variation, the court is satisfied that it is necessary to remit the case to the court which made the order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.

(7) Where an order has been so confirmed, the person bound thereby shall have the right to appeal against the confirmation of the order by an application to be filed within ten days from the date of such confirmation, to the Court of Appeal, and the provisions of this Ordinance shall apply to that court for the purposes of such appeal.