1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 15
[Subsidiary]
of his views on the present and proposed arrangements for the children, and serve a copy thereof on the petitioner.
PLEADINGS AND AMENDMENT
16. (1) A supplemental petition may be filed only with leave. (2) A petition may be amended without leave before it is served but only with leave after it has been served.
(3) Subject to paragraph (4), an application for leave under this rule-
(a) may, if every opposite party consents in writing to the supplemental petition being filed or the petition being amended, be made ex parte by lodging in the registry the supplemental petition or a copy of the petition as proposed to be amended, and
(b) shall, in any other case, be made on notice (or in the High Court by summons), to be served, unless otherwise directed, on every opposite party.
(4) The registrar may, if he thinks fit, require an application for leave to be supported by an affidavit.
(5) An order granting leave shall-
(a) where any party has given notice of intention to defend, fix the time within which his answer must be filed or amended; (b) where the order is made after directions for trial have been given, provide for a stay of the hearing until after the directions have been renewed.
(6) An amendment authorized to be made under this rule shall be made by filing a copy of the amended petition.
(7) Rules 11 and 13 shall apply to a supplemental or amended petition as they apply to the original petition.
17. (1) The petitioner shall file the supplemental or amended petition together with a copy of the order (if any) made under rule 16 and unless otherwise directed, serve a sealed copy thereof on every respondent and co-respondent named in the original petition or in the supplemental or amended petition.
(2) Unless otherwise directed, rule 12(7) and rule 14 shall apply in relation to service on a person required to be served under paragraph (1) as they apply in relation to service on a person required to be served with an original petition.
18. (1) Subject to paragraph (2) and to rules 15A, 20 and 49, a respondent or co-respondent who-
(a) wishes to defend the petition or to dispute any of the facts alleged in it;
(b) being the respondent spouse, wishes to make in the proceedings any charge against the petitioner in respect of which the respondent spouse prays for relief, or
L.N. 78/86.
Supplemental petition and amendment of petition.
L.N. 346/82.
Filing and service of a supplemental or amended petition. L.N. 78/86.
Filing of answer to petition. L.N. 135/72.
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