1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
(b) a sealed copy of the originating application shall be served
on each respondent by the applicant;
(d) paragraph (5) of rule 5 shall apply to the application as if it
were an application under that rule;
(e) subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to the application as if it were a cause and as if the originating application were a petition and the applicant a petitioner.
(4) An application made after the presentation of a petition shall be made by summons to a judge of the district court and shall, unless otherwise directed, be heard in chambers.
(5) At the time of the filing of an originating application or notice of application or the issue of a summons under this rule, there shall be filed an affidavit by the applicant or applicants setting out particulars of the agreement or arrangement in question and the grounds on which the application is made, and every copy of the originating application, notice or summons served on a respondent shall be accompanied by a copy of the affidavit.
(6) An application under this rule shall be heard by a judge and, unless otherwise directed, shall be heard in chambers.
(7) On the hearing of an application under this rule the judge may express an opinion, should he think it desirable to do so, as to the reasonableness of the agreement or arrangement and may give such directions, if any, in the matter if he thinks fit.
(8) A respondent to an application under this rule may not be heard without filing an affidavit in answer to the application.
7. Before a petition is served on any person, the petitioner may file a notice of discontinuance and the cause shall thereupon stand dismissed.
8. [Revoked, L.N. 135/72]
9. (1) Every cause other than an application under section 12 of the Ordinance shall be begun by petition.
(2) Unless otherwise directed, every petition, other than a petition for jactitation of marriage, shall contain the information required by Form 2 as near as may be in the order there set out and any further or other information required by such of the following paragraphs of this rule as may be applicable.
(3) Where a petition for divorce, nullity or judicial separation discloses that there is a minor child of the family who is under 16 or who is over that age and is receiving instruction at an educational establishment or undergoing training for a trade or profession, the petition shall be accompanied by a separate written statement containing the information required by Form 2B, to which shall be attached a copy of any medical report mentioned therein.
A 9
[Subsidiary]
L.N. 78/86.
L.N. 325/82.
L.N. 78/86.
Discontinuance of cause before service of petition.
Cause to be begun by petition. L.N. 135/72.
1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
(b) a sealed copy of the originating application shall be served
on each respondent by the applicant;
(d) paragraph (5) of rule 5 shall apply to the application as if it
were an application under that rule;
(e) subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to the application as if it were a cause and as if the originating application were a petition and the applicant a petitioner.
(4) An application made after the presentation of a petition shall be made by summons to a judge of the district court and shall, unless otherwise directed, be heard in chambers.
(5) At the time of the filing of an originating application or notice of application or the issue of a summons under this rule, there shall be filed an affidavit by the applicant or applicants setting out particulars of the agreement or arrangement in question and the grounds on which the application is made, and every copy of the originating application, notice or summons served on a respondent shall be accompanied by a copy of the affidavit.
(6) An application under this rule shall be heard by a judge and, unless otherwise directed, shall be heard in chambers.
(7) On the hearing of an application under this rule the judge may express an opinion, should he think it desirable to do so, as to the reasonableness of the agreement or arrangement and may give such directions, if any, in the matter if he thinks fit.
(8) A respondent to an application under this rule may not be heard without filing an affidavit in answer to the application.
7. Before a petition is served on any person, the petitioner may file a notice of discontinuance and the cause shall thereupon stand dismissed.
8. [Revoked, L.N. 135/72]
9. (1) Every cause other than an application under section 12 of the Ordinance shall be begun by petition.
(2) Unless otherwise directed, every petition, other than a petition for jactitation of marriage, shall contain the information required by Form 2 as near as may be in the order there set out and any further or other information required by such of the following paragraphs of this rule as may be applicable.
(3) Where a petition for divorce, nullity or judicial separation discloses that there is a minor child of the family who is under 16 or who is over that age and is receiving instruction at an educational establishment or undergoing training for a trade or profession, the petition shall be accompanied by a separate written statement containing the information required by Form 2B, to which shall be attached a copy of any medical report mentioned therein.
A 9
[Subsidiary]
L.N. 78/86.
L.N, 325/82.
L.N. 78/86.
Discontinuance of cause before service of petition.
Cause to be begun by petition. L.N. 135/72.
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