1956-HKRS30-8-46_Part08 — Page 24

First Schedule.

Applica-

tions for leave to

present a petition.

Commence- ment of proceed-

inga.

1.

'office copy" means a copy examined against the original in the registry and sealed with the seal of the registry, or a photo- graphic copy so scaled;

"person named" includes a person described as "passing under

the name of A.B.”'.

(2) In these rules, unless the context otherwise requires a Form referred to by number means the Form so numbered in the First Schedule.

3. (1) An application for leave to present a petition for dissolution of marriage before three years have passed since the date of the marriage shall be made by originating summons in accordance with Form 1.

(2) There shall be filed in support of the summons an affidavit by the applicant stating the grounds on which the applica- tion is made, particulars of the hardship or depravity alleged, whether there has been any previous application under this cule, whether there are living any children of the marriage and, if so, the names and dates of birth or ages of such children, where and with whom they are residing, whether any, and if so what, attempts at reconciliation have been made and any circumstances which may assist the court to determine the question whether there is reasonable probability of a reconciliation between the parties. A copy of the intended petition shall be exhibited to the affidavit.

(3) When the summons is issued, it shall be made returnable for a fixed date before a judge in chambers and shall be ac- companied by a form of acknowledgment of service in accordance with Form 4

(4) Unless otherwise directed, the summons shall be served on the respondent at least five clear days before the return date.

(5) No appearance need be entered to the summons and no affidavit need be filed in reply, and the intended respondent may be heard without entering an appearance.

4. (1) Every matrimonial cause shall be commenced by filing a petition addressed to the Supreme Court.

(2) A petition shall not be filed if there is before the court another petition by the same petitioner which has not been dis- missed or otherwise disposed of by a final order.

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(3) Every application in a matrimonial cause for ancillary relief, that is to say, every application-

(a) for alimony pending suit, except where a claim for such

relief is made in the petition;

(b) for maintenance of any children of the marriage (in these rules referred to as "maintenance of the children'), except where a claim for such relief is made in the petition;

(c) for the payment by a husband, on a decrce for dissolution or nullity of marriage, of monthly or weekly sums for the maintenance and support of his wife, (in these rules referred to as "maintenance"), except where a claim for such relief is made in the petition ;

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(d) for the securing by a husband, on a decree for dissolution or nullity of marriage, of a gross or annual sum of money to his wife (in these rules referred to as 'a secured provision"), except where a claim for such relief is made in the petition;

(e) for the payment by a husband, on a decree for judicial separation, of monthly or weekly sums for the main- tenance and support of his wife or for the securing by a husband, on any such decree, of a gross or annual sum of money to his wife (in these rules referred to as "permanent alimony"");

(f) for periodical payments to a wife in whose favour a decree for restitution of conjugal rights has been made, or, where a wife against whom such a decree has been made is in receipt of any profits of trade or earnings, for periodical payments of any part of such profits of trade or earnings to her husband for his own benefit, or to her busband or any other person for the benefit of the children of the marriage or either or any of them (in these rules referred to as "periodical payments") or for securing periodical payments to a wife in whose favour a decree for restitution of conjugal rights has been made;

(g) in the case of a decree for dissolution of marriage or judicial separation made against the wife by reason of her adultery, desertion or cruelty, or in the case of a decree for restitution of conjugal rights made against the wife, for the settlement of any property to which she is