A 26
CAP. 179]
[Subsidiary]
Further
provisions as to date of trial.
L.N. 123/74.
Disposal of
causes in special procedure list.
L.N. 123/74.
(Cap. 192)
L.N. 135/76.
Mode of trial. L.N. 123/74.
Answer to be filed if ancillary relief contested.
L.N. 135/72. L.N. 123/74.
Matrimonial Causes Rules
(1987 Ed.
47. (1) Not less than 10 days before the date fixed for the trial of a petition, the registrar shall give notice of the date, place and, as nearly as may be, the time of the trial to every party to the petition.
(2) Except with the consent of the parties or by leave of a judge, no petition, whether defended or undefended, shall be tried until after the expiration of 10 days from the date on which directions for trial were given.
(3) Nothing in this rule shall apply to a cause entered in the special procedure list.
47A. (1) As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the petitioner and
(a) if he is satisfied-
(i) that the petitioner has sufficiently proved the contents of the petition and is entitled to a decree and any costs for which he prays; and
(ii) that there are no children of the family to whom section 18 of the Matrimonial Proceedings and Property Ordinance applies,
the registrar shall make and file a certificate to that effect; and
(b) if he is not so satisfied he may either give to the petitioner an opportunity of filing further evidence or remove the cause from the special procedure list whereupon rule 33(2A) shall cease to apply.
(2) On the filing of a certificate under paragraph (1) a day shall be fixed for the pronouncement of a decree by a judge in open court at a court of trial and the registrar shall send to each party notice of the day and place so fixed and a copy of the certificate but it shall not be necessary for any party to appear on that day.
(3) Within 14 days after the pronouncement of a decree in accordance with a certificate under paragraph (1), any person may inspect the certificate and the evidence filed under rule 33(2A) and may bespeak copies on payment of the prescribed fee.
48. Unless otherwise directed and subject to rule 47A, every cause and any issue arising therein shall be tried by a judge without a jury.
49. (1) A respondent may, without filing an answer, be heard
(a) on any question of custody of, or access to, any child of the family,
(b) on any question whether a supervision order should be made as respects any such child under section 48 of the Ordinance, and
(c) on any question of ancillary relief.
A 26
CAP. 179]
[Subsidiary]
Further
provisions as to date of trial.
L.N. 123/74.
Disposal of
causes in special procedure list.
L.N. 123/74.
(Cap. 192)
L.N. 135/76.
Mode of trial. L.N. 123/74.
Answer to be filed if ancillary relief contested.
L.N. 135/72. L.N. 123/74.
Matrimonial Causes Rules
(1987 Ed.
47. (1) Not less than 10 days before the date fixed for the trial of a petition, the registrar shall give notice of the date, place and, as nearly as may be, the time of the trial to every party to the petition.
(2) Except with the consent of the parties or by leave of a judge, no petition, whether defended or undefended, shall be tried until after the expiration of 10 days from the date on which directions for trial were given.
(3) Nothing in this rule shall apply to a cause entered in the special procedure list.
47A. (1) As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the petitioner and→
(a) if he is satisfied-
(i) that the petitioner has sufficiently proved the con- tents of the petition and is entitled to a decree and any costs for which he prays; and
(ii) that there are no children of the family to whom .section 18 of the Matrimonial Proceedings and Property
Ordinance applies,
the registrar shall make and file a certificate to that effect; and
(b) if he is not so satisfied he may either give to the petitioner an opportunity of filing further evidence or remove the cause from the special procedure list whereupon rule 33(2A) shall cease to apply.
(2) On the filing of a certificate under paragraph (1) a day shall be fixed for the pronouncement of a decree by a judge in open court at a court of trial and the registrar shall send to each party notice of the day and place so fixed and a copy of the certificate but it shall not be necessary for any party to appear on that day.
(3) Within 14 days after the pronouncement of a decree in accordance with a certificate under paragraph (1), any person may inspect the certificate and the evidence filed under rule 33(2A) and may bespeak copies on payment of the prescribed fee.
48. Unless otherwise directed and subject to rule 47A, every cause and any issue arising therein shall be tried by a judge without a jury.
on-
49. (1) A respondent may, without filing an answer, be heard
(a) any question of custody of, or access to, any child of the
family,
(b) any question whether a supervision order should be made as respects any such child under section 48 of the Ordin- ance, and
(c) any question of ancillary relief.
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