A 14
[Subsidiary]
L.N. 135/76.
Notice of intention to defend.
Notice of absence or withdrawal of consent.
L.N. 135/72.
Respondent's statement as to arrangements for children. L.N. 135/72. (Cap. 192.)
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
newspaper containing the advertisement shall be filed in court by the party inserting the advertisement as proof that such advertisement was inserted.
(10) Where in the opinion of the registrar it is impracticable to serve a party in accordance with any of the foregoing paragraphs or it is otherwise necessary or expedient to dispense with service of a copy of a petition on the respondent or on any person, the registrar may make an order dispensing with such service.
An application for an order under this paragraph shall, if no notice of intention to defend has been given, be made in the first instance ex parte by lodging an affidavit setting out the grounds of the application, but the registrar may, if he thinks fit, require the attendance of the petitioner on the application.
15. (1) In these rules any reference to a notice of intention to defend is a reference to an acknowledgment of service in Form 4 containing a statement to the effect that the person by whom or on whose behalf it is signed intends to defend the proceedings to which the acknowledgment relates, and any reference to giving notice of intention to defend is a reference to returning such a notice to the registry.
(2) In relation to any person on whom there is served a document requiring or authorizing an acknowledgment or service to be returned to the registry, references in these rules to the time limited for giving notice of intention to defend are references to 8 days after service of the document, inclusive of the day of service, or such other time as may be fixed.
(3) Notice of intention to defend a cause begun by petition may be given at any time before directions for trial are given, notwithstanding that the time limited for giving the notice has expired.
(4) Subject to paragraphs (2) and (3), a person may give notice of intention to defend notwithstanding that he has already returned to the registry an acknowledgment of service not constituting such a notice.
15A. (1) A respondent to a petition which alleges any such fact as is mentioned in section 11A(1)(d) of the Ordinance may give notice to the court either that he does not consent to a decree being granted or that he withdraws any consent which he has already given.
(2) Where any such notice is given and none of the other facts mentioned in section 11A(1) of the Ordinance is alleged, the proceedings on the petition shall be stayed and the registrar shall thereupon give notice of the stay to all parties.
15B. A respondent spouse on whom there is served a statement in accordance with rule 9(3) may, at any time before the judge makes an order under section 18 of the Matrimonial Proceedings and Property Ordinance, file in the court office a written statement
A 14
[Subsidiary]
L.N. 135/76.
Notice of intention to defend.
Notice of absence
or withdrawal of consent.
L.N. 135/72.
Respondent's statement as to arrangements for children. L.N. 135/72. (Cap. 192.)
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
newspaper containing the advertisement shall be filed in court by the party inserting the advertisement as proof that such advertisement was inserted.
(10) Where in the opinion of the registrar it is impracticable to serve a party in accordance with any of the foregoing paragraphs or it is otherwise necessary or expedient to dispense with service of a copy of a petition on the respondent or on any person, the registrar may make an order dispensing with such service.
An application for an order under this paragraph shall, if no notice of intention to defend has been given, be made in the first instance ex parte by lodging an affidavit setting out the grounds of the application, but the registrar may, if he thinks fit, require the attendance of the petitioner on the application.
15. (1) In these rules any reference to a notice of intention to defend is a reference to an acknowledgment of service in Form 4 containing a statement to the effect that the person by whom or on whose behalf it is signed intends to defend the proceedings to which the acknowledgment relates, and any reference to giving notice of intention to defend is a reference to returning such a notice to the registry.
(2) In relation to any person on whom there is served a document requiring or authorizing an acknowledgment or service to be returned to the registry, references in these rules to the time limited for giving notice of intention to defend are references to 8 days after service of the document, inclusive of the day of service, or such other time as may be fixed.
(3) Notice of intention to defend a cause begun by petition may be given at any time before directions for trial are given, notwithstanding that the time limited for giving the notice has expired.
(4) Subject to paragraphs (2) and (3), a person may give notice of intention to defend notwithstanding that he has already returned to the registry an acknowledgment of service not constituting such a notice.
15A. (1) A respondent to a petition which alleges any such fact as is mentioned in section 11A(1)(ɗ) of the Ordinance may give notice to the court either that he does not consent to a decree being granted or that he withdraws any consent which he has already given.
(2) Where any such notice is given and none of the other facts mentioned in section 11A(1) of the Ordinance is alleged, the proceedings on the petition shall be stayed and the registrar shall thereupon give notice of the stay to all parties.
15B. A respondent spouse on whom there is served a state- ment in accordance with rule 9(3) may, at any time before the judge makes an order under section 18 of the Matrimonial Proceedings and Property Ordinance, file in the court office a written statement
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