1987 Ed.]
1
Matrimonial Causes Rules
[CAP. 179
A 49
[Subsidiary]
(i) that the applicant has not remarried; (j) if the application is made after the end of the period of 6 months from the date on which representation in regard to the deceased's estate was first taken out, the grounds on which the court's permission to entertain the application is sought.
(3) The procedure on an application to which this rule applies shall be the same as on an application to which rule 101 applies and paragraph (4) of that rule and rule 102 shall apply accordingly with any necessary modifications.
(4) On the hearing of the application the personal representatives shall produce to the judge the grant of representation to the deceased's estate and, if an order is made, the grant shall remain in the custody of the court until a memorandum of the order has been endorsed thereon or permanently affixed thereto.
105. (1) In this rule-
DISABILITY
"mentally disordered person" has the same meaning as in the Mental Health Ordinance;
"person under disability" means a person who is a minor or a mentally disordered person.
(2) A person under disability may begin and prosecute any matrimonial proceedings by his next friend and may defend any such proceedings by his guardian ad litem and, except as otherwise provided by this rule, it shall not be necessary for a guardian ad litem to be appointed by the court.
(3) No person's name shall be used in any proceedings as next friend of a person under disability unless he is the Crown Solicitor or the documents mentioned in paragraph (7) have been filed.
(4) Where a person entitled to defend any matrimonial proceedings is a mentally disordered person, then-
(a) the Crown Solicitor shall, if he consents, be the patient's guardian ad litem, but at any stage of the proceedings an application may be made, on not less than 4 days' notice to the Crown Solicitor, for the appointment of some other person as guardian;
(b) in any other case, an application may be made on behalf of the mentally disordered person for the appointment of a guardian ad litem;
and there shall be filed in support of any application under this paragraph the documents mentioned in paragraph (7).
(5) Where a petition, answer, originating application or originating summons has been served on a person whom there is reasonable ground for believing to be a person under disability and no notice of intention to defend has been given, or answer or
L.N. 78/86.
Person under disability must sue by next friend, etc. (Cap. 136.)
L.N. 135/72.
L.N. 325/82.