1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 29
[Subsidiary]
DECREES AND ORDERS
56. (1) (a) Every decree shall be drawn up by the party to whom it is granted.
(b) Every order made in open court and every other order which is required to be drawn up shall be drawn up by the party having the carriage of the summons, notice or other document on which such order is indorsed.
(c) An order made upon the making of the decree nisi shall be drawn up in Form 24(1) or Form 24(2) as may be appropriate with such variations as the circumstances of the particular case shall require.
(2) Where a decree nisi is pronounced on a petition in which any such fact as is mentioned in paragraph (d) or (e) of section 11A(1) of the Ordinance is alleged, the decree shall state whether that fact was the only fact mentioned in the said section 11A(1) on which the petitioner was entitled to rely in support of his petition.
(3) Every decree or order when drawn up shall be produced with a copy thereof at the registry by the party who has drawn up such decree or order, and when passed by the registrar and sealed it shall be returned by the registrar to the party producing it and the copy shall be lodged in the registry.
(4) Where a party who is required to draw up a decree or order under paragraph (1) fails to produce a drawn up decree or order to the registry under paragraph (3) within 7 days after such decree is granted or order is made, any other party affected by such decree or order may draw up the decree or order as the case may be.
56A. (1) An application by a respondent under section 15C of the Ordinance for the rescission of a decree of divorce shall be made to a judge and shall be heard in open court.
(2) Paragraphs (3) and (5) of rule 55 shall apply to an application under this rule as they apply to an application under that rule.
(3) Unless otherwise directed, the notice of the application shall be served on the petitioner not less than 14 days before the day fixed for the hearing of the application.
(4) The application shall be supported by an affidavit setting out the allegations on which the applicant relies and a copy of the affidavit shall be served on the petitioner.
56B. (1) An application by the respondent to a petition for divorce for the court to consider the financial position of the respondent after the divorce shall be made by notice in Form 8A.
(2) Where the petitioner is served with a notice in Form 8A, then, unless he has already filed an affidavit under rule 9(4) or rule 73(2), he shall, within 14 days after the service of the notice, file an
Decrees and orders.
L.N. 78/86.
L.N. 135/72.
L.N. 78/86.
L.N. 78/86.
Application for rescission of decree. L.N. 135/73.
Application under section 17A of the Ordinance. L.N. 123/74.