A 38
CAP. 179]
[Subsidiary]
Arrangements for hearing of application etc. by judge.
Request for periodical payments order
at same rate as order for maintenance pending suit. L.N. 135/72.
Application for order under section 17(1)(a) of the Matrimonial Proceedings and Property
Ordinance.
L.N. 135/72.
(Cap. 192).
Matrimonial Causes Rules
[1987 Ed.
81. (1) Where an application for ancillary relief or any question arising thereon has been referred or adjourned to a judge, the registrar shall fix a date and time for the hearing of the application or the consideration of the question and give notice thereof to all parties.
(2) The hearing or consideration shall, unless otherwise directed, take place in chambers.
82. (1) Where at or after the date of a decree nisi of divorce or nullity of marriage an order for maintenance pending suit is in force, the party in whose favour the order was made may, if he has made an application for an order for periodical payments for himself in his petition or answer, as the case may be, request the registrar in writing to make such an order (in this rule referred to as a "corresponding order") providing for payments at the same rate as those provided for by the order for maintenance pending suit.
(2) Where such a request is made, the registrar shall serve on the other spouse a notice in Form 10 requiring him, if he objects to the making of a corresponding order, to give notice to that effect to the registrar and to the applicant within 14 days after service of the notice in Form 10.
(3) If the other spouse does not give notice of objection within the time aforesaid, the registrar may make a corresponding order without further notice to that spouse and without requiring the attendance of the applicant or his solicitor, and shall in that case serve a copy of the order on the applicant as well as on the other spouse.
84. (1) An application under section 17(1)(a) of the Matrimonial Proceedings and Property Ordinance for an order restraining any person from attempting to defeat a claim for financial provision or otherwise for protecting the claim shall be made to a judge.
(2) Rule 81 (except paragraph (2)) shall apply with the necessary modifications to the application as if it were an application for ancillary relief.
Enforcement of order for payment of money, etc.
L.N. 135/72.
(Cap. 192)
ENFORCEMENT OF ORDERS
86. (1) Before any process is issued for the enforcement of an order made in matrimonial proceedings for the payment of money to any person, an affidavit shall be filed verifying the amount due under the order and showing how that amount is arrived at.
(2) Except with the leave of the registrar, no writ of fieri facias or warrant of execution shall be issued to enforce payment of any sum due under an order for ancillary relief or an order made under the provisions of section 8 of the Matrimonial Proceedings and Property Ordinance where an application for a variation order is pending.
A 38
CAP. 179]
[Subsidiary]
Arrangements for hearing of application etc. by judge.
Request for periodical payments order
at same rate as order for maintenance pending suit. L.N. 135/72.
Application for order under section 17(1)(a) of the Matrimonial Proceedings and Property
Ordinance.
L.N. 135/72.
(Cap. 192.).
Matrimonial Causes Rules
[1987 Ed.
81. (1) Where an application for ancillary relief or any ques- tion arising thereon has been referred or adjourned to a judge, the registrar shall fix a date and time for the hearing or the application or the consideration of the question and give notice thereof to all parties.
(2) The hearing or consideration shall, unless otherwise directed, take place in chambers.
82. (1) Where at or after the date of a decree nisi of divorce or nullity of marriage an order for maintenance pending suit is in force, the party in whose favour the order was made may, if he has made an application for an order for periodical payments for himself in his petition or answer, as the case may be, request the registrar in writing to make such an order (in this rule referred to as a "corresponding order") providing for payments at the same rate as those provided for by the order for maintenance pending suit.
(2) Where such a request is made, the registrar shall serve on the other spouse a notice in Form 10 requiring him, if he objects to the making of a corresponding order, to give notice to that effect to the registrar and to the applicant within 14 days after service of the notice in Form 10.
(3) If the other spouse does not give notice of objection within the time aforesaid, the registrar may make a corresponding order without further notice to that spouse and without requiring the attendance of the applicant or his solicitor, and shall in that case serve a copy of the order on the applicant as well as on the other spouse.
84. (1) An application under section 17(1)(a) of the Matrimo- nial Proceedings and Property Ordinance for an order restraining any person from attempting to defeat a claim for financial provision or otherwise for protecting the claim shall be made to a judge.
(2) Rule 81 (except paragraph (2)) shall apply with the neces- sary modifications to the application as if it were an application for ancillary relief.
Enforcement of order for payment of money, etc.
L.N. 135/72.
(Cap. 192)
ENFORCEMENT OF ORDERS
86. (1) Before any process is issued for the enforcement of an order made in matrimonial proceedings for the payment of money to any person, an affidavit shall be filed verifying the amount due under the order and showing how that amount is arrived at.
(2) Except with the leave of the registrar, no writ of fieri facias or warrant of execution shall be issued to enforce payment of
any sum due under an order for ancillary relief or as order made under the provisions of section 8 of the Matrimonial Proceedings and Property Ordinance where an application for a variation order is pending.
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