Evidence
un applica- tions for BeLtlement of wife's property or variation of aettle- mente.
Evidence
on applica- tinn for modifica-
tion order.
Preliminary investira- tion by registrar
of applica
tion for ancillary relief.
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pending suit, the wife at the time of service of the application gives notice to the husband of her intention to proceed with the applica- tion upon the evidence already Gled on her application for alimony pending suit.
(3) Within fourteen days after delivery of any affidavit by a husband under this rule, the wife may file an affidavit in reply.
47. (1) An application for settlement of a wife's property or variation of marriage settlements shall state the nature of the settlement or variation proposed and shall, unless otherwise directed, be supported by an affidavit by the petitioner stating the facts relied on in support of the application. The affidavit shall set out, in the case of an application for settlement of a wife's property, full particulars of the property to which she is entitled either in possession or reversion, or, in the case of an application for variation of marriage settlements, full particulars of the mar- riage, any children of the marriage, all settlements, whether ante- muptial or post-nuptial, and of the funds brought into the settle- ments by the husband and the wife.
(2) The application shall, in addition to being served on the respondent, be served on the trustees of any settlements and upon such other persons as the registrar may direct, and any party so served may, within fourteen days after such service and after entering an appearance in accordance with Form 12, file an affidavit in answer.
48. (1) An application for a modification 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 fourteen days after delivery of the affidavit, and (unless he is the petitioner in the cause) after entering an appearance, file an affidavit in answer, but no further evidence shall be filed by any party without leave.
49. Unless the judge shall otherwise direct, an appointment shall be fixed for the hearing by the registrar of any application for ancillary relief which has not been dealt with by the judge at the trial.
Notice of the appointment shall be given by the applicant to every other party to the application who has entered
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an appearance and to the petitioner if he is not the applicant, and at the appointment so fixed the registrar shall, in the presence of the parties or their solicitors, investigate the allegations made in support of and in answer to the application, and may take the oral evidence of witnesses, and may order the attendance of any person for the purpose of being examined or cross-examined, and may at any stage of the proceedings order the discovery and pro- duction of any document or call for further affidavits.
50. In the case of a claim, contained in a petition, for alimony Applica- pending suit, maintenance of the children, maintenance or a tiona
heard by secured provision, or of an application for ancillary relief, other registraf. than an application for settlement of a wife's property or varia- tion of marriage settlements where there are children of the mar- riage, the registrar shall, after completing his investigation under rule 49, make such order as he thinks fit, or refer the application or any question arising therefrom to the judge for his decision and, pending the final determination of the application, the registrar may make an interim order upon such terms as he tuay think just.
liona heard
61. (1) In the case of an application for settlement of a wife's Applica- property or variation of marriage settlements where there are by judge. children of the marriage, the registrar shall, after completing his investigation, report the result thereof in writing to the judge to whom the application shall be adjourned.
(2) The registrar's report under paragraph (1) shall be filed and any party shall be entitled to be supplied with a copy of the report upon payment of the prescribed fee.
(3) The judge, upon hearing the application, may confirm or vary the registrar's report or make such other order as he thinks fit.
Accuse to
52. (1) The petitioner, or (if he has entered an appearance Custody to the petition for this purpose) the respondent spouse or of and the guardian of any children of the marriage or any person who children. bas obtained leave to intervene in the cause for the purpose of applying for the custody of, or who has under an order of the court the custody or control of, such children may at any time. either before or after final decree, apply to a judge for an order relating to the custody or education of the children of the marriage, or for directions that proper proceedings be taken for placing such children under the protection of the court.