A 12
[Subsidiary]
L.N. 325/82.
L.N. 135/72.
L.N. 78/86.
L.N. 78/86.
L.N. 78/86.
Parties.
L.N. 135/72.
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
(2) Unless otherwise directed on an application made ex parte, a certificate of the marriage to which the cause relates shall be filed with the petition.
(3) Where a solicitor is acting for a petitioner for divorce or judicial separation, a certificate in Form 2A shall be filed with the petition, unless otherwise directed on an application made ex parte.
(4) Where there is before the district court or the High Court a petition which has not been dismissed or otherwise disposed of by a final order, another petition by the same petitioner in respect of the same marriage shall not be presented without leave granted on an application made in the pending proceedings:
Provided that no such leave shall be required where it is proposed, after the expiration of the period of 3 years from the date of the marriage, to present a petition for divorce alleging such of the facts mentioned in section 11A of the Ordinance as were alleged in a petition for judicial separation presented before the expiration of that period.
(5) The petition shall be presented by filing it, together with any statement, report and affidavit required by rule 9(3) and (4), in the registry.
(6) On the filing of the petition the registrar shall enter the cause in the books of the court.
(7) Every copy of a petition for service shall be sealed, and shall be accompanied by a notice in Form 3 with Form 4 attached, and in the case of a petition for service on a respondent spouse, shall also be accompanied by a copy of any statement, report and affidavit lodged pursuant to paragraph (5).
13. (1) Unless otherwise directed--
(a) where a husband's petition alleges adultery, the alleged adulterer shall be made a co-respondent in the cause;
(b) where a wife's petition alleges adultery with a woman named, the alleged adulteress shall be made a respondent in the cause.
(2) Where a petition alleges that the other party to the marriage has been guilty of an improper association (other than adultery) with a person named or of rape upon a person named, the petitioner shall, as soon as practicable after the filing of the petition, apply to the court for directions whether that person shall be made a respondent in the cause.
(3) An application for directions under paragraph (1) or (2) may be made ex parte if no notice of intention to defend has been given.
(4) This rule does not apply where the alleged adulterer, adulteress or person named has died before the filing of the petition.
A 12
[Subsidiary]
L.N. 325/82.
L.N. 135/72.
L.N. 78/86.
L.N. 78/86.
L.N. 78/86.
Parties.
L.N. 135/72.
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
(2) Unless otherwise directed on an application made ex parte, a certificate of the marriage to which the cause relates shall be filed with the petition.
(3) Where a solicitor is acting for a petitioner for divorce or judicial separation, a certificate in Form 2A shall be filed with the petition, unless otherwise directed on an application made ex parte.
(4) Where there is before the district court or the High Court a petition which has not been dismissed or otherwise disposed of by a final order, another petition by the same petitioner in respect of the same marriage shall not be presented without leave granted on an application made in the pending proceedings:
Provided that no such leave shall be required where it is proposed, after the expiration of the period of 3 years from the date of the marriage, to present a petition for divorce alleging such of the facts mentioned in section 11A of the Ordinance as were alleged in a petition for judicial separation presented before the expiration of that period.
(5) The petition shall be presented by filing it, together with any statement, report and affidavit required by rule 9(3) and (4), in the registry.
(6) On the filing of the petition the registrar shall enter the cause in the books of the court.
(7) Every copy of a petition for service shall be sealed, and shall be accompanied by a notice in Form 3 with Form 4 attached, and in the case of a petition for service on a respondent spouse, shall also be accompanied by a copy of any statement, report and affidavit lodged pursuant to paragraph (5).
13. (1) Unless otherwise directed--
(a) where a husband's petition alleges adultery, the alleged adulterer shall be made a co-respondent in the cause;
(b) where a wife's petition alleges adultery with a woman named, the alleged adulteress shall be made a respondent in the cause.
(2) Where a petition alleges that the other party to the marriage has been guilty of an improper association (other than adultery) with a person named or of rape upon a person named, the petitioner shall, as soon as practicable after the filing of the petition, apply to the court for directions whether that person shall be made a respondent in the cause.
(3) An application for directions under paragraph (1) or (2) may be made ex parte if no notice of intention to defend has been given.
(4) This rule does not apply where the alleged adulterer, adulteress or person named has died before the filing of the petition.
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