1956-HKRS30-8-46_Part08 — Page 26

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marriage, the date and effect of any decree or order made in such proceedings, and, in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making thereof;

(f) the matrimonial offences alleged, or other grounds upon which relief is sought, setting out with sufficient particu larity the individual facts relied on, but not the evidence by which they are to be proved, and, if such be the case, that any person with whom adultery or sodomy is alleged to have been committed has died before the presentation of the petition;

() in the case of a petition for presumption of death and dissolution of the marriage, the last place of cohabitation of the parties, the circumstances in which the parties ceased to cohabit, the date when and the place where the respondent was last seen or heard of, and the steps which have been taken to trace the respondent;

(k) in the case of a petition for restitution of conjugal rights, the date when and the circumstances in which the respondent refused or ceased to render conjugal rights to the petitioner, the desire of the petitioner for a restitu- tion of conjugal rights and the willingness of the petitioner to render them to the respondent

(1) where adultery is alleged, whether the petitioner has in any way been accessory to or cannived at or condoned the adultery, and, where cruelty is alleged, whether the petitioner has condoned the cruelty;

(n) in the case of a petition for mullity of marriage under section 13(2)(c), (d) or (e) of the Ordinance, whether the pelitioner was at the time of the marriage ignorant of the facts alleged and whether marital intercourse with the consent of the petitioner has taken place since the dis- covery by the petitioner of the existence of grounds for a decree; and

(n) whether (except in the case of a petition for restitution of conjugal rights) the petition is presented or prosecuted in collusion with the respondent or any of the co- respondents.

(2) A wife petitioner may include in her petition a claim for alimony pending suit, maintenance of the children, maintenance or a secured provision, in which case the petition shall contain a statement in general terms of her husband's income and property in so far as they are within her knowledge or belief.

(3) The petition shall conclude with a prayer setting out particulars of the relief claimed, including the amount of any claim for damages, any claim for costs, and, in appropriate cases, a prayer that the court will exercise its discretion to grant a decree nisi notwithstanding the adultery of the petitioner during the marriage.

The prayer may also include a claim for-

(a) custody of the children of the marriage;

(b) alimony pending suit;

(c) maintenance of the children :

(d) maintenance; or

(e) a secured provision.

(4) A petition for jactitation of marriage shall state- (a) the occupation, residence and domicil of the petitioner and the respondent at the date of the institution of the

cause;

(b) the dates, times and places of the alleged boastings and

assertions;

(c) that the alleged boastings and assertions are false and

that the petitioner has not acquiesced therein;

and shall conclude with a prayer setting out the relief claimed.

(s) Every petition shall, if settled by counsel, be signed by him. If not settled by counsel, it shall be signed by the solicitor for the petitioner, or by the petitioner if he is acting in person.

(6) The solicitor for a petitioner represented by a solicitor shall endorse on the petition his name or the name of his firm and the address of his or of his firm's place of business within the jurisdiction, which shall be an address for service.

(7) A petitioner acting in person shall endorse on the petition an address for service, which shall be his place of residence, or, if he has no place of residence within the jurisdiction, an address for service within the jurisdiction.