1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 53
111. (1) Where any document is required to be served on a party in any matrimonial proceeding-
(a) personal service shall in no case be effected by the petitioner on the respondent or by the respondent on the petitioner;
(b) subject to sub-paragraph (c), unless otherwise directed, if no other mode of service is prescribed or ordered, service shall be effected-
(i) if a solicitor is acting for the person to be served, by leaving the document at, or sending it by post to, the solicitor's address;
(ii) if the person to be served is acting in person, subject to sub-paragraph (a), by delivering the document to him or by leaving it at, or sending it by post to, the address for service given by him, or if he has not given an address for service, his last known address;
(c) in a case to which sub-paragraph (b)(ii) applies, if it appears to the court that it is impracticable to deliver the document to the person to be served and that, if the document were left at, or sent by post to, the address specified in that sub-paragraph, it would be unlikely to reach him, the court may dispense with service of the document.
(2) Where the document required to be served under paragraph (1) is an order, paragraph (1) is without prejudice to the provisions of any other rule or enactment for the purpose of which an order is required to be served in a particular way.
(3) Where a decree or order requires a person to do or abstain from doing an act, the copy required by R.S.C. Order 45, rule 7 to be served on the person mentioned in those rules may either, subject to paragraph (1)(a), be served on him personally or be delivered to his solicitor.
112. (1) Where service has been effected under these rules of any document in respect of which-
(a) the return of an acknowledgement of service to the registry by the person served is not required; or
(b) an acknowledgement of service is required to be returned to the registry but is not so returned within the time limited for filing notice of intention to defend,
due service shall be proved by filing an affidavit of service, the contents of which shall be in accordance with R.S.C. Order 65, rule 8.
(2) Paragraph (1) shall not be taken or construed to the prejudice of the provisions of rule 14(5) and (6) whereby a petition is deemed to be served, the provisions of rule 14(7) relating to proof of service of a petition, or the provisions of rule 106 relating to proof of service on a person under a disability.
[Subsidiary]
Service of documents. L.N. 78/86.
Proof of service. L.N. 78/86.