1964_MATRIMONIAL_CAUSES_RULES — Page 58

A 58

CAP. 179]

Matrimonial Causes Rules

[1987 Ed.

[Subsidiary]

L.N. 135/72.

FORM 2

General Form of Petition

In the District Court of Hong Kong held at

[Rule 9(2).]

No. of Matter

THE PETITION OF

(1) On the day of 19 , the petitioner was lawfully married to (hereinafter called the respondent) at .

(2) The petitioner and the respondent have cohabited at [state the last address at which they have cohabited in Hong Kong] [or The petitioner and the respondent have not cohabited in Hong Kong].

(3) Both the petitioner and the respondent are domiciled in Hong Kong [or as the case may be]; the petitioner is a [state occupation] and resides at , and the respondent is a [state occupation] and resides at .

(4) There is [are] [no [or state number] children of the family now living] [namely [state the name of each child and his date of birth or, if it be the case, that he is over 18 and, in the case of each minor child over the age of 16, whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation]].

(5) [In the case of a husband's petition] No other child now living has been born to the respondent during the marriage so far as is known to the petitioner [or in the case of a wife's petition] No other child now living has been born to the petitioner during the marriage [except [state the name of any such child and his date of birth, or if it be the case, that he is over 18]].

(6) [Where there is a dispute whether a child is a child of the family] The petitioner alleges that is [not] a child of the family because [give full particulars of the facts relied on by the petitioner in support of his or her allegation that the child is or, as the case may be, is not, a child of the family].

(7) [Where appropriate in the case of a child who is under 18] The said was, on the day of 19 , received into the care of [or is a child with respect to whom a resolution was, on the day of 19 , passed by] [name of local authority].

(8) [Where an application is made in the petition for an order for the support of a child of whom the respondent is not a parent] The respondent assumed responsibility for the maintenance of the said to the following extent and for the following time, namely [give details]. There is no other person liable to maintain the said child [except ].

(9) There have been no previous proceedings in any court in Hong Kong or elsewhere with reference to the marriage [or to any children of the family] [except [state the nature of the proceedings, the date and effect of any decree or order and, in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the decree or order]].

(10) The following [or No] agreement or arrangement has been made or is proposed to be made between the parties for the support of the respondent [and the said children] [namely [state details]].

(11) [In the case of a petition for divorce alleging only any such fact as is mentioned in section 114(1)(e) of the Ordinance] The petitioner proposes, if a decree nisi is granted, to make the following financial provision for the respondent [give details of any proposal not mentioned in paragraph (10)][or The petitioner makes no proposals for financial provision for the respondent in the event of a decree nisi being granted].

(12) [In the case of a petition for divorce] The said marriage has broken down irretrievably.

(13) The respondent has committed adultery with and the petitioner finds it intolerable to live with the respondent [or The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent] [or The respondent has deserted the petitioner for a continuous period of at least 1 year].