Co-respond-
ent and
10
6. (1) Unless otherwise directed, where a husband's peti- interveners. tion alleges adultery, the alleged adulterer shall, if living at the date of the filing of the petition, be made a co-respondent in the cause, and where a wife's petition alleges adultery with a woman named and contains a claim for costs against her, she shall be made a respondent in the cause.
Amdavit
(2) Where a person charged with adultery or sodomy in a petition is not made a co-respondent or respondent under paragraph (1), he shall be entitled to appear and intervene in the proceedings.
(3) Unless otherwise directed, a party intervening in a cause under these rules shall join in the proceedings at the stage which those proceedings have reached at the time he appears and his name shall appear thereafter in the title of the cause.
7. (1) Every petition shall be supported by an affidavit by in support the petitioner verifying the facts of which he has personal knowl-
edge and deposing as to belief in the truth of the other facts.
of petition.
Notice of petition and notice
of PTD ceedings.
(2) Where the petition contains an allegation of desertion without cause for a period of at least three years immediately preceding the presentation of the petition, this rule shall be deemed to be complied with if the affidavit is sworn not more than fourteen days before the petition is filed, or such longer time as may be allowed by the registrar having regard to the circumstances of the case.
(3) The affidavit in support of the petition shall be contained in the same document as the petition and shall follow at the foot or end thereof.
8. (1) Every copy of a petition for service on a respondent spouse shall be accompanied by a notice of petition in accordance with Form 3, a form of acknowledgment of service in accordance with Form 4 and a memorandum of appearance in duplicate in accordance with Form 5.
(2) Every copy of a petition for service on a co-respondent or person charged with adultery or sodomy, whether made a respondent or not, shall be accompanied by a notice of proceedings in accordance with Form 6, a form of acknowledgment of service in accordance with Form 4 and a memorandum of appearance in duplicate in accordance with Form 7.
11
tion for
9. (1) A notice of an application for ancillary relief and Nolice of every copy thereof for service shall, if the respondent to the applica application has not already entered an appearance to the petition ancillary
relief. in the matrimonial cause in which the application is made, contain a notice to appear in accordance with Form §, and shall be no- companied by a form of acknowledgment of service in accordance with Form 4 and a memorandum of appearance in duplicate in accordance with Form 9.
(2) A notice of an application for alimony pending suit, maintenance of the children, maintenance, a secured provision, permanent alimony, periodical payments or for securing periodical payments to a wife, and every copy thereof for service, shall contain a notice to file evidence in accordance with Form 10,
10. (1) Unless otherwise directed-
(c) a copy of every petition shall be served personally or by registered post upon every respondent, co-respondent and person charged with adultery or sodomy who is named in the petition; and
(b) a copy of every originating summons shall be served personally or by registered post upon the respondent thereto; and
(c) a copy of every notice of an application for ancillary relief shall be served personally or by registered post upon the respondent thereto, unless the respondent thereto is the petitioner or, being respondent in the cause, has entered a general appearance to the petition in the cause in which the application is made, in which case the notice may be served by leaving it at, or sending it by pre-paid post to, the address for service.
Personal service shall in no casc be effected by the petitioner or the intended petitioner.
(2) For the purposes of paragraph (1), a document shall be deemed to have been duly served by registered post if it is sent by prepaid registered post to the party to be served, and an scknowledgment of service in accordance with Form 4 of his identity and of his receipt of the document is signed by him and returned to the solicitor for the petitioner, or to the petitioner if he is acting in person, at the address for service:
Service of petition.
originat-
ing sum mong an
notice of applica. tion for ancillary relief.