1964_MATRIMONIAL_CAUSES_RULES — Page 32

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CAP. 179]

[Subsidiary]

Matrimonial Causes Rules

[1987 Ed.

Decree absolute.

L.N. 135/72.

(Cap. 192)

the High Court, a copy of the summons by which the application is made shall be served on every such person.

(3) The application shall be made to a judge and may be heard in chambers.

65. (1) Subject to paragraph (3), an application by a spouse to make absolute a decree nisi pronounced in his favour may be made by lodging with the registrar a notice in Form 5.

(2) On the lodging of such a notice, the registrar shall search the court minutes and if he is satisfied—

(a) that no appeal against the decree and no application for re-hearing of the cause or for rescission of the decree is pending;

(b) that no order has been made by the Court of Appeal extending the time for appealing against the decree or by a judge extending the time for making an application for re-hearing of the cause or, if any such order has been made, that the time so extended has expired;

(c) that no application for such an order as is mentioned in sub-paragraph (b) is pending;

(d) that no intervention under rule 61 or 62 is pending;

(e) that the judge has made an order under section 18(1) of the Matrimonial Proceedings and Property Ordinance;

(g) that the provisions of section 17A of the Ordinance do not apply or have been complied with,

the registrar shall make the decree absolute:

Provided that if the notice is lodged more than 12 months after the decree nisi, the registrar may require the applicant to file an affidavit accounting for the delay and may make such order on the application as he thinks fit or refer the application to a judge.

(3) Where there are circumstances which ought to be brought to the notice of the court before a decree nisi is made absolute, an application for the decree to be made absolute shall be made to a judge.

Unless otherwise directed, the summons by which the application is made (or, where the cause is pending in the district court, notice of the application) shall be served on every party to the cause (other than the applicant) and on any other person with whom adultery is alleged, and the application shall be heard in open court.

(4) An application by a spouse for a decree nisi pronounced against him to be made absolute may be made to a judge or the registrar, and the summons by which the application is made (or, where the cause is pending in the district court, notice of the application) shall be served on the other spouse not less than 4 clear days before the day on which the application is heard.