1950_HONG_KONG_DIVORCE_RULES — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

Divorce.

[CAP. 179

3. (1) Every petition shall be accompanied by an affidavit made by the petitioner, or by such other persons as is in these rules provided, verifying the facts of which he or she has personal cognizance, and deposing as to belief in the truth of the other facts alleged in the petition, and such affidavit shall be filed with the petition. A petition for restitution of conjugal rights shall further show that a written demand for cohabitation and restitution of conjugal rights has been made by the petitioner upon the party to be served, and that, after a reasonable opportunity for compliance therewith, such cohabitation and restitution of conjugal rights have been withheld.

(2) In cases where the petitioner is seeking a decree of dissolution of marriage or of nullity of marriage, or of judicial separation, the affidavit of the petitioner or of such other person as is in these rules provided, filed with the petition, shall further state that no collusion or connivance exists between the petitioner and the other party to the marriage or alleged marriage.

Co-respondents.

4. In every petition for dissolution of marriage on the ground of adultery the alleged adulterers, if male, shall be made co-respondents in the cause and served with a sealed copy of the petition, unless a judge shall otherwise so direct by order on summons supported by affidavits.

5. The term "respondent" in these rules shall include a co-respondent so far as the same is applicable.

6.

Service.

A petitioner who has filed a petition shall forthwith obtain in the Registry a sealed copy of the petition, endorsed with notice to appear, for service upon each respondent.

7. A petition shall be served personally by delivery of such sealed copy as aforesaid. It may not be served by the petitioner. Service of any document on a party who has not entered an appearance must be personal service unless otherwise ordered.

8.

Page 357

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Divorce. [CAP. 179 3. (1) Every petition shall be accompanied by an affidavit made by the petitioner, or by such other persons as is in these rules provided, verifying the facts of which he or she has personal cognizance, and deposing as to belief in the truth of the other facts alleged in the petition, and such affidavit shall be filed with the petition. A petition for restitution of conjugal rights shall further show that a written demand for cohabitation and restitution of conjugal rights has been made by the petitioner upon the party to be served, and that, after a reasonable opportunity for compliance therewith, such cohabitation and restitution of conjugal rights have been withheld. (2) In cases where the petitioner is seeking a decree of dissolution of marriage or of nullity of marriage, or of judicial separation, the affidavit of the petitioner or of such other person as is in these rules provided, filed with the petition, shall further state that no collusion or connivance exists between the petitioner and the other party to the marriage or alleged marriage. Co-respondents. 4. In every petition for dissolution of marriage on the ground of adultery the alleged adulterers, if male, shall be made co-respondents in the cause and served with a sealed copy of the petition, unless a judge shall otherwise so direct by order on summons supported by affidavits. 5. The term "respondent" in these rules shall include a co-respondent so far as the same is applicable. 6. Service. A petitioner who has filed a petition shall forthwith obtain in the Registry a sealed copy of the petition, endorsed with notice to appear, for service upon each respondent. 7. A petition shall be served personally by delivery of such sealed copy as aforesaid. It may not be served by the petitioner. Service of any document on a party who has not entered an appearance must be personal service unless otherwise ordered. 8. Page 357
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Divorce. [CAP. 179 3. (1) Every petition shall be accompanied by an affidavit made by the petitioner, or by such other persons as is in these rules provided, verifying the facts of which he or she has personal cognizance, and deposing as to belief in the truth of the other facts alleged in the petition, and such affidavit shall be filed with the petition. A petition for restitution of conjugal rights shall further show that a written demand for cohabitation and restitution of con- jugal rights has been made by the petitioner upon the party to be served, and that, after a reasonable opportunity for compliance therewith, such cohabitation and restitution of conjugal rights have been withheld. (2) In cases where the petitioner is seeking a decree of dissolution of marriage or of nullity of marriage, or of judicial separation, the affidavit of the petitioner or of such other person as is in these rules provided, filed with the petition, shall further state that no collusion or connivance exists between the petitioner and the other party to the marriage or alleged marriage. Co-respondents. 4. In every petition for dissolution of marriage on the ground of adultery the alleged adulterers, if male, shall be made co-respondents in the cause and served with a sealed copy of the petition, unless a judge shall otherwise so direct. by order on summons supported by affidavits. 5. The term "respondent" in these rules shall include a co-respondent so far as the same is applicable. 6. Service. A petitioner who has filed a petition shall forth- with obtain in the Registry a sealed copy of the petition, endorsed with notice to appear, for service upon each respondent. 1. A petition shall be served personally by delivery of such sealed copy as aforesaid. It may not be served by the petitioner. Service of any document on a party who has not entered an appearance must be personal service unless other- wise ordered. 8. 357
2026-05-03 21:16:58 · Baseline
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Divorce.

[CAP. 179

3. (1) Every petition shall be accompanied by an affidavit made by the petitioner, or by such other persons as is in these rules provided, verifying the facts of which he or she has personal cognizance, and deposing as to belief in the truth of the other facts alleged in the petition, and such affidavit shall be filed with the petition. A petition for restitution of conjugal rights shall further show that a written demand for cohabitation and restitution of con- jugal rights has been made by the petitioner upon the party to be served, and that, after a reasonable opportunity for compliance therewith, such cohabitation and restitution of conjugal rights have been withheld.

(2) In cases where the petitioner is seeking a decree of dissolution of marriage or of nullity of marriage, or of judicial separation, the affidavit of the petitioner or of such other person as is in these rules provided, filed with the petition, shall further state that no collusion or connivance exists between the petitioner and the other party to the marriage or alleged marriage.

Co-respondents.

4. In every petition for dissolution of marriage on the ground of adultery the alleged adulterers, if male, shall be made co-respondents in the cause and served with a sealed copy of the petition, unless a judge shall otherwise so direct. by order on summons supported by affidavits.

5. The term "respondent" in these rules shall include a co-respondent so far as the same is applicable.

6.

Service.

A petitioner who has filed a petition shall forth- with obtain in the Registry a sealed copy of the petition, endorsed with notice to appear, for service upon each respondent.

1.

A petition shall be served personally by delivery of such sealed copy as aforesaid. It may not be served by the petitioner.

Service of any document on a party who has not entered an appearance must be personal service unless other- wise ordered.

8.

357

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