Matrimonial Causes Rules
[CAP. 179
A 21
[Subsidiary]
H
(f) in proceedings for nullity-
(i) that any application required by rule 30(1) has been made, and
(ii) where an order for the examination of the parties has been made on an application under rule 30, that the notice required by paragraph (10) of that rule has been served and that the report of the inspector or inspectors has been filed.
(2) Subject to paragraph (2A) where the cause is pending in a district court and is to be tried at that court, the registrar shall, if he considers it practicable to do so, give directions for trial by fixing the date, place and, as nearly as may be, the time of the trial and giving notice thereof to every party to the cause.
(2A) Where in the case of a petition for divorce or judicial separation pending in a district court-
(a) the only fact mentioned in section 11A(1) of the Ordinance on which the petitioner relies in support of the petition is that specified in paragraph (a), (c), (d) or (e) of that subsection;
(b) there are no children of the family to whom section 18 of the Matrimonial Proceedings and Property Ordinance applies; and
(c) in a case to which the said paragraph (a), (c) or (e) relates, the respondent, and any co-respondent against whom costs are claimed, has returned to the court office an acknowledgement of service containing a statement to the effect that he does not intend to defend the proceedings or, in a case to which the said paragraph (d) relates, the respondent has returned to the court office an acknowledgment of service containing a statement to the effect that he consents to a decree being granted or a statement to that effect signed by the respondent has been lodged in the court office,
then, unless otherwise directed,-
(i) there shall be filed with the request for directions for trial an affidavit by the petitioner containing the information required by Form 21(1), 21(2), 21(3) or 21(4) (whichever is appropriate) as near as may be in the order there set out, together with any corroborative evidence on which the petitioner intends to rely; and
(ii) the registrar shall give directions for trial by entering the cause in a list to be known as the special procedure list.
(3) In any other case the registrar shall give directions for trial by setting the cause down for trial and giving notice that he has done so to every party to the cause.
L.N. 123/74.
L.N. 123/74. L.N. 135/76.
(Cap. 192.)
L.N. 325/82.