A 36
CAP. 179
[Subsidiary]
Matrimonial Causes Rules
[1987 Ed.
Evidence on application for variation order. L.N. 135/72.
Service of affidavit in answer or reply. L.N. 135/72.
Investigation by court of application for ancillary relief. L.N. 135/72.
L.N. 325/82.
(b) in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made and such other persons, if any, as the registrar may direct.
(4) Any person served with notice of an application to which this rule applies may, within 14 days after service, file an affidavit in answer.
75. (1) An application for a variation order shall be supported by an affidavit by the applicant setting out full particulars of his property and income and the grounds on which the application is made.
(2) The respondent to the application may, within 14 days after service of the affidavit, file an affidavit in answer.
76. (1) A person who files an affidavit for use on an application under rule 73, 74 or 75 shall at the same time serve a copy on the opposite party and, where the affidavit contains an allegation of adultery or of an improper association with a named person, then, unless otherwise directed, it shall be endorsed with a notice in Form 20 and a copy of the affidavit or of such part thereof as the court may direct, endorsed as aforesaid, shall be served on that person by the person who files the affidavit, and the person against whom the allegation is made shall be entitled to intervene in the proceedings by applying for directions under rule 77(6) within 8 days of service of the affidavit on him, inclusive of the day of service.
(2) Rule 49(4) shall apply to a person served with an affidavit under paragraph (1) of this rule as it applies to a co-respondent.
77. (1) On or after the filing of a notice in Form 8 or 9 an appointment shall be fixed for the hearing of the application by the court.
(2) An application for an avoidance of disposition order shall, if practicable, be heard at the same time as any related application for financial provision.
(3) Notice of the appointment, unless given in Form 8 or 9, as the case may be, shall be given by the court to every party to the application.
(4) Any party to an application for ancillary relief may by letter require any other party to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any other relevant matter, or to furnish a list of relevant documents or to allow inspection of any such document, and may, in default of compliance by such other party, apply to the court for directions.
(5) At the hearing of an application for ancillary relief the court shall, subject to rules 78, 80 and 80A, investigate the allegations made in support of and in answer to the application and may