Supreme Court (Maintenance Orders) Rules - Singapore Statutes Online

Supreme Court of Judicature Act

(CHAPTER 322, Section 80)

Supreme Court (Maintenance Orders) Rules

R 2

REVISED EDITION 1990

(25th March 1992)

[6th March 1933]

Citation

1. These Rules may be cited as the Supreme Court (Maintenance Orders) Rules¹.

¹Previously known as the Maintenance Orders (Facilities for Enforcement) Rules 1932.

2. In these Rules, “section” means section of the Maintenance Orders (Facilities for Enforcement) Act.

3. The copy of an order made by a court outside Singapore and received by the Minister under section 3 shall be sent to the District Court.

4. When it is desired to enforce under section 4 an order made in Singapore against a defendant resident outside Singapore, a certified copy of the order shall be forwarded by the Court which made the order to the Minister with a statement giving the full address and personal description of the defendant to which his photograph should, if possible, be attached.

5. When an order is made provisionally under section 5 against a defendant resident outside Singapore, the Court which made the order shall send to the Minister —

(a)	the depositions taken at the hearing, including a statement giving the full address and personal description of the defendant;
(b)	the certificate of marriage, if available; and
(c)	a certified copy of the order and a statement of the grounds, in the form set out below, on which it might have been opposed if the defendant had appeared in obedience to a summons duly served on him.

Such an order shall show clearly on the face of it that it is “Provisional”.

6. The copy of a provisional order made by a court outside Singapore and received by the Minister under section 6 shall be sent to the District Court with the accompanying documents and a requisition for the issue of a summons. On the return of the summons the person in whose favour the provisional order has been made may be represented in Court by the Offical Assignee or an Assistant Official Assignee.

7. The District Court to which any order is sent in accordance with these Rules shall cause particulars thereof to be entered in a register to be kept for that purpose, and the copies so transmitted shall be filed in that Court.

Such register shall be open to inspection upon payment of a search fee of $1 and copies of orders so registered shall be supplied upon payment of a fee of $1.

8. When an order provisionally made outside Singapore has been confirmed with or without modification under section 6 by the District Court or the Court has decided not to confirm it, the District Judge shall send notice thereof to the Court from which it issued, and also to the Minister.

9. When an order has been registered in the District Court under section 3 or a provisional order has been confirmed by the District Court under section 6, that Court shall, unless satisfied that it is undesirable to do so, direct that all payments due thereunder shall be made through the registrar of the subordinate courts, or such other person as it may specify for the purpose.

10. The person through whom the payments are directed to be made shall collect the moneys due under the order in the same manner as though it were made under Part VII of the Women’s Charter and may take proceedings in his own name for enforcing payment, and shall send the moneys when so collected to the Minister for transmission to the person to whom they are due.

11. When a provisional order made under section 5 has been remitted under subsection (4) of that section to a Magistrate’s Court or a District Court for the purpose of taking further evidence, notice specifying the further evidence required and the time and place fixed for taking it shall be sent by the Registry of the subordinate courts to the person on whose application the provisional order was made.

Statement of grounds under rule 5(c):

In the District Court at

A. B.

vs.

C. D.

The grounds upon which the making of the order herein might have been opposed if C. B. had been duly served with a summons and had appeared at the hearing, are:

1.	That he was not married to A. B.

2.	That his marriage to A. B. was void in law.

3.	That a decree of divorce or of nullity of marriage had been pronounced by a competent Court.

4.	That a decree of judicial separation or an order having the effect of such a decree was in force at the time of the hearing.

5.	That he and his wife A. B. were living apart by mutual consent or agreement.

6.	That his wife had deserted him.

7.	That A. B. had committed adultery which had not been condoned, connived at, or by wilful misconduct or neglect conduced to, by him.

8.	That he had reasonable cause to leave his wife.

Given under my hand and seal this .......... day of ............... 19 ..... at the ............... Court aforesaid.

District Judge.

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