of the Maintenance Act [Chapter 5:09] shall apply, mutatis mutandis, in relation to such order as if it were an order
made in terms of section 6 of that Act:
Provided that, if in respect of any maintenance order it is proved to the court that the marriage between the parties
has been dissolved subsequent to the making of the order, the maintenance court may direct that the order shall not
apply in respect of any payment falling due subsequent to the date of dissolution of the marriage.
(3) Where upon an application to vary or discharge an order registered in terms of subsection (2) the court at
which it is registered is satisfied that it is necessary to refer the application to the court which originally made the
order, the first-mentioned court may so refer the application and adjourn the proceedings for the purpose.
4 Transmission to reciprocating country of maintenance orders made in Zimbabwe
Where a court in Zimbabwe has made a maintenance order against any person and it is proved to the court that
the person against whom the order was made is resident in a reciprocating country, the court shall send to the Minister
a certified copy of the order so that it may be transmitted to the appropriate authority.
5 Power to make provisional orders of maintenance against persons resident in reciprocating
country
(1) Where an application is made to a maintenance court in Zimbabwe for a maintenance order against any
person, and it is proved that that person is resident in a reciprocating country, the court may, in the absence of that
person, if after hearing the evidence it is satisfied of the justice of the application, make any such order as it might
have made if a summons had been duly served on that person and he had failed to appear at the hearing, but in such
case the order shall be provisional only, and shall have no effect unless and until confirmed by a competent court in
that reciprocating country.
(2) The evidence of any witness who is examined on any application in terms of subsection (1) shall be put into
writing, and such deposition shall be read over to and signed by him.
(3) Where an order is made in terms of subsection (1) the court shall send to the Minister, for transmission to the
appropriate authority, the depositions so taken and a certified copy of the order, together with a statement of the
grounds on which the making of the order might have been opposed if the person against whom the order is made had
been duly served with a summons and had appeared at the hearing, and such information as the court possesses for
facilitating the identification of that person and ascertaining his whereabouts.
(4) Where any provisional order in terms of subsection (1) has come before a court in a reciprocating country for
confirmation, and the order has by that court been remitted to such court which made the order for the purpose of
taking further evidence, the latter court shall, after giving the prescribed notice, proceed to take the evidence in like
manner and subject to the like conditions as the evidence in support of the original application.
(5) If upon the hearing of evidence in terms of subsection (4) it appears to the court that the order ought not to
have been made, the court may rescind the order, but in any other case the depositions shall be sent to the Minister
and dealt with in like manner as the original depositions.
(6) The confirmation of an order made under this section shall not affect any power of a court to vary or rescind
that order:
Provided that—
(i) on the making of a varying or rescinding order, the court shall send a certified copy thereof to the Minister
for transmission to the appropriate authority; and
(ii) in the case of any order varying the original order, the order shall not have any effect unless and until
confirmed in like manner as the original order.
(7) The applicant shall have the same right of appeal, if any, against a refusal to make a provisional order as he
would have had against a refusal to make the order had a summons been duly served on the person against whom the
order is sought to be made.
6 Powers of courts to confirm maintenance orders made in reciprocating country
(1) Where—
(a) a maintenance order has been made by a court in a reciprocating country and the order is provisional only
and has no effect unless and until confirmed by a court in Zimbabwe; and
(b) 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 Minister; and
(c) it appears to the Minister that the person against whom the order was made is resident in Zimbabwe;
the Minister may send the said documents to the clerk of the maintenance court of the province or district where the
person against whom the order is sought is residing, with a requisition that a summons be issued 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 summons and cause it to be served upon such person.