1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 33
[Subsidiary]
(5) An order granting an application under paragraph (3) or (4) shall not take effect until the registrar has searched the court minutes and is satisfied as to the matters mentioned in paragraph (2).
(6) Where a decree nisi is made absolute, the registrar shall make an indorsement to that effect on the decree, stating the precise time at which it was made absolute.
decree absolute. L.N. 325/82.
66. (1) On a decree nisi being made absolute, the registrar shall send to the petitioner and the respondent spouse a certificate in Form 6, 7 or 7A, whichever is appropriate, authenticated by the seal of the court from which it is issued.
(2) An index of decrees absolute shall be kept at the registry of the High Court and any person shall be entitled to require a search to be made therein, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee.
(3) A certificate in Form 6, 7 or 7A that a decree nisi has been made absolute shall be issued to any person requiring it on payment of the prescribed fee.
67. (1) A petition for the rescission of a decree of judicial separation shall set out particulars of the decree and the grounds for rescission relied on by the petitioner.
(2) The party in whose favour the decree was pronounced may file an answer within 14 days after service of a copy of the petition on him.
(3) Except as provided in paragraph (2), all proceedings on the petition shall be carried on in the same manner, so far as practicable, as proceedings on a petition for judicial separation.
ANCILLARY RELIEF
Rescission of decree of judicial separation.
68. (1) Any application by a petitioner, or by a respondent spouse who files an answer claiming relief, for—
(a) an order for maintenance pending suit,
(b) a periodical payments order,
(c) a secured periodical payments order,
(d) a lump sum order,
(e) a settlement of property order,
(f) a transfer of property order,
(g) a variation of settlement order,
shall be made in the petition or answer, as the case may be.
(2) Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the petition or answer may be made subsequently—
petitioner or respondent for ancillary relief, L.N. 135/72.