1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 23
of money to cover the costs to which the application relates and if after taking all the circumstances into account (including the means of the husband and the wife) the registrar considers that the husband should provide security for all or some of such costs, he may order the husband to pay the sum so ascertained, or some part of it, into court or to give security within such time as he may fix and may direct a stay of the proceedings until the order is complied with.
(3) The bond taken to secure a wife's costs under this rule shall be given to the registrar by the name of the registrar and shall be filed and shall not be delivered out or sued upon without the leave of the registrar.
(4) Where the wife is the petitioner an application by her for the removal of a stay of the proceedings may be made to the registrar ex parte if the husband has not given notice of intention to defend.
[Subsidiary]
EVIDENCE
38. Subject to the provisions of rules 39, 40 and 47A and of the Evidence Ordinance, and any other enactment, any fact required to be proved by the evidence of witnesses at the trial of a cause begun by petition shall be proved by the examination of the witnesses orally and in open court.
39. (1) The court may order-
(a) that the affidavit of any witness may be read at the trial on such conditions as the court thinks reasonable;
(b) that the evidence of any particular fact shall be given at the trial in such manner as may be specified in the order and in particular-
(i) by statement on oath of information or belief, or
(ii) by the production of documents or entries in books,
(iii) by copies of documents or entries in books, or
(iv) in the case of a fact which is or was a matter of common knowledge either generally or in a particular district, by the production of a specified newspaper containing a statement of that fact; and
(c) that not more than a specified number of expert witnesses may be called.
(2) An application to the registrar for an order under paragraph (1) shall
Evidence generally to be taken orally. L.N. 123/74. (Cap. 8.)
Evidence by affidavit, etc. L.N. 135/72.