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Matrimonial Causes Rules

 

 

 

Arrangement of Rules

 

 

 

 

Order I

Preliminary

 

 

1.

Citation.

2.

Commencement.

3.

Orders.

4.

Interpretation.

5.

Functions of registrar.

6.

Designation of parties to proceedings.

7.

Filling of documents.

8.

Computation of time.

9.

Chambers.

10.

Directions as to practice and procedure.

11.

On hearing of ancillary proceedings, further applications may be made.

12.

Address for service.

13.

Schedules and Forms.

14.

Compliance with Forms.

 

 

 

Order II

Reconciliation

 

 

1.

Petitioners and certain applicants and respondents to be informed of facilities available to assist

reconciliation.

2.

Certificate.

 

 

 

 

Order III

Proceedings

 

Part I

Commencement of Proceedings.

 

 

1.

Institution of proceedings.

2.

How proceedings instituted.

3.

Proceedings to be numbered.

 

 

Part 2

Applications to the Court

 

 

4.

How applications instituted.

5.

Parties to application.

6.

Service of copy of application.

7.

Affidavits in support of application.

8.

Affidavit in answer and in reply.

 

 

 

 

Order IV

Applications for Leave to Institute Proceedings for Dissolution of Marriage or Judicial Separation

 

 

1.

Application may be made ex-parte.

2.

Affidavit in support of application.

3.

Marriage certificate to be filed with application.

4.

Service of copy of order.

 

 

 

 

 

 

Order V

Petitions

 

Part 1

General

 

 

1.

Particulars of parties, &c., to be included in petition.

2.

Particulars of date and place of birth of parties.

3.

Domicile or residence.

4.

Particulars of cohabitation.

5.

Particulars of children.

6.

Particulars of previous proceedings.

7.

Condonation, connivance and collusion.

8.

Particulars of other orders sought.

9.

Date and signature.

10.

Petition to be verified.

 

 

 

 

Part 2

Petitions for Dissolution of Marriage

 

 

11.

Form of petition for dissolution of marriage.

12.

Ground for relief to be stated in petition.

13.

Statement in petition when petitioner has committed adultery.

14.

Arrangements for welfare of children.

15.

Petition for dissolution of marriage where there is separation.

16.

Petition for dissolution of marriage where there is presumption of death of a spouse.

17.

Death of person specified in petition.

 

 

 

 

 

 

Part 3

Petitions for Nullity of Marriage

 

 

18.

Form of petition.

19.

Ground for relief to be stated in petition.

20.

Petition to state domicile at time of marriage.

21.

Petition for nullity-voidable marriage.

22.

Arrangements for welfare of children.

 

 

 

 

Part 4

Petitions for judicial Separation

 

 

23.

Form of petition.

24.

Application of certain rules to petition for judicial separation.

 

 

 

Part 5

Petitions for Restitution of Conjugal Rights

 

 

25.

Form of petition

26.

Petition for restitution of conjugal rights.

 

 

 

 

Part 6

Filing Petitions and Notices of Petitions

 

 

27.

Marriage certificate to be filed with petition.

28.

Notice of petition or of proceedings.

29.

Time for answer or reply to be specified in notice of petition or notice of proceedings.

30.

Notice of petition or of proceedings in force for twelve months.

31.

Lost notice.

32.

Concurrent notices.

 

 

Order VI

Service

 

Part I

General Provisions relating to Service of Documents

 

 

1.

Manner of service.

2.

Personal service.

3.

Service by post.

4.

When service effected if posted to address for service, &c.

5.

Service in Convention countries.

6.

Power to dispense with service.

7.

Substituted Service.

 

 

 

 

Part 2

Service of Petitions and Answers

 

 

8.

Service of petitions.

9.

Service of answer.

10.

State petitions and answers.

 

 

Part 3

Service on Infants and Persons of Unsound mind

 

 

11.

Service of petition, &c., on infant.

12.

Service of petition, on person of unsound mind.

 

 

 

 

Part 4

Proof of Service

 

 

13.

Proof of personal service of document.

14.

Proof of service of document by post.

15.

Proof of service by posting document to an address.

16.

Proof of service of document by advertisement.

17.

Affidavits of service.

18.

Presumption of due service and date of service where notice of address for service filed.

 

 

Order VII

Pleadings

 

Part 1

Answers

 

 

1.

Answer.

2.

Answer seeking dissolution, &c., of marriage.

3.

Answer under protest.

 

 

Part 2

Replies and Rejoinders

 

 

4.

Reply.

5.

Reply under protest.

6.

Rejoinder.

7.

Further rejoinder.

 

 

Part 3

Pleadings Generally

 

8.

Definition.

9.

When allegations in pleadings deemed to be admitted.

10.

Date and signature pleading.

11.

Affidavit verifying pleading.

12.

Service of pleading.

 

 

 

Part 4

Discontinuance

 

 

13.

Withdrawal of pleading.

 

 

 

 

 

Order VIII

Amendment of Pleadings, Supplementary Petitions And Supplementary Answers

 

 

Part 1

Amendment of Pleadings

 

 

1.

Amendments that may be made.

2.

Amendments before service.

3.

Amendments after service.

4.

Verification of amendment.

5.

Notice of application for leave to amend.

6.

Method of amending pleading.

7.

Amendment not effective until served.

8.

Pleading to amended pleading.

9.

Consequential amendment of subsequent pleading.

 

 

Part 2

Supplementary Petitions and Supplementary Answers

 

 

10.

Supplementary petitions and supplementary answers.

11.

Contents of supplementary petition.

12.

Contents of supplementary answer.

13

Condonation, connivance and collusion.

14.

Particulars of other orders sought.

15.

Service of supplementary petitions and supplementary answers.

16.

Time for filing an answer to a supplementary petition or reply to supplementary answer.

17.

Pleading to supplementary petition or supplementary answer.

 

 

 

 

Order IX

Parties

 

Part 1

General

 

 

1.

Certain persons not parties to proceedings.

2.

How certain persons named become parties.

3.

Allegation of adultery or sodomy with person unknown.

4.

Amendment when of adulterer, &c., becomes known.

5.

Death of adulterer.

6.

Certain infants are not parties to proceedings

7.

Incest with infant.

 

 

 

 

 

 

Part 2

Infants

 

 

8.

Institution of proceedings by infants.

9.

Infant respondents, &c.

10.

Intervention by infant.

11.

Separate representation of child.

12.

Application of these Rules to infants.

 

 

 

 

Part 3

Persons of Unsound Mind

 

 

13.

Definition.

14.

Institution of proceedings by persons of unsound.

15.

Respondents, &c., who are persons of unsound mind.

16.

Intervention by person of unsound mind.

17.

Application of these Rules to persons of unsound mind.

 

 

 

 

Part 4

Guardians ad litem.

 

 

18.

Election of guardian by infant.

19.

Appointment of friend of infant as guardian ad litem.

20.

Attorney-General may act as guardian of person of unsound mind.

21.

Appointment of friend as guardian of person of unsound mind.

22.

Appointment of guardian in other circumstances.

23.

Appointment of Public Trustee to be guardian of person of unsound mind.

24.

Order appointing guardian ad litem to be served.

25.

Removal of guardian ad litem.

26.

Notice of appointment of guardian ad litem.

27.

Legal Practitioner acting as guardian.

 

 

 

 

 

 

Order X

Default in Pleading

 

 

1.

Effect of failure to file pleading within due time.

2.

Default of pleading by infant or person of unsound mind.

3.

Time for filing answer or reply by guardian.

 

 

Order XI

Preparation for Trial

 

Part 1

Preliminary

 

 

1.

Definitions.

2.

Application to persons of unsound mind.

3.

Time when pleadings in a defended suit complete.

 

 

Part 2

Particulars, Discovery and Inspection of Documents

 

 

4.

Particulars.

5.

Discovery.

6.

Affidavit of discover.

7.

Discovery of particular document.

8.

Failure to discover document.

9.

Inspection of document.

10.

Order for production of documents generally.

11.

Order for production of particulars documents.

12.

Copies of certain books.

13.

Privilege.

14.

Non-compliance with order for discovery, 

15.

Interrogatories.

 

 

Part 3

Admissions and Notices to Produce

 

 

16.

Admission of facts.

17.

Notice to admit documents.

18.

Notice to admit facts.

19.

Affidavit of signature to admissions.

20.

Notice of produce documents.

 

 

 

 

Part 4

Medical Examination of Parties

 

 

21.

Medical examination in nullify proceedings.

22.

Appointment of medical inspector upon the trial of proceedings.

23.

Medical examination in divorce proceedings.

24.

Service of notice of appointment of medical inspector.

25.

Medical inspector's oath and identification of person to be examined.

26.

Report on medical examination.

27.

Failure to comply with provisions of this Part.

 

 

 

 

 

 

Part 5

Discretion Statements

 

 

28.

Discretion statements to b filed.

29.

Form, and contents of discretion statements.

30.

Service of notice of allegation on spouse.

31.

Service of notice on spouse.

32.

Disclosing discretion statement.

 

 

 

 

Part 6

Compulsory Conferences

 

 

33.

Application of this Part.

34.

Conference to be held before certain suits set down for trial.

35.

Conference.

36.

Conference where both parties represented by legal practitioner.

37.

Conference where a party not represented by legal practitioner.

 

 

 

 

Part 7

Consolidation of Proceedings

 

 

38.

Consolidation of proceedings.

 

 

 

 

 

Part 8

Setting Suits down for trial

 

 

39.

Setting undefended suit for trial.

40.

Request to set defend suit down for trial.

41.

Setting defended suit down for trial.

42.

Service of request to set suit for trial.

43.

Request to set suit down for trial.

44.

Place at which suit may be set down for trial.

45.

Date of trial.

46.

Notice of venue.

47.

Change of venue.

48.

Expediting trial of suit.

49

Time of trial..

 

 

 

 

Order XII

Decrees

 

 

1.

Decree of dissolution of marriage.

2.

Decree of nullity.

3.

Decree of judicial separation.

4.

Decree of restitution of conjugal rights.

5.

Adultery of party who has established ground for dissolution or judicial separation.

6.

Death of party after decree nisi but before decree becomes absolute.

7.

Decree absolute.

8.

Rescission where parties reconciled.

9.

Rescission on ground of miscarriage of justice.

 

 

Order XIII

Intervention by Persons not Parties to Proceedings

 

 

1.

Intervention by Attorney-General.

2.

Intervention by Attorney-General after decree nisi.

3.

Intervention by other persons.

 

 

Order XIV

Proceedings for Ancillary Relief

 

 

Part 1

Preliminary

 

 

1.

Definitions.

2.

Certain proceedings may be instituted without the leave of the court.

3.

Application for leave to institute proceedings for ancillary relief

4.

Particulars to be included in application for ancillary relief.

5.

Defence to proceedings for ancillary relief.

6.

Forms for application for ancillary relief.

 

 

Part 2

Maintenance pending Suit

 

 

7.

Assessment by the registrar.

8.

Matters to be Specified in Assessment.

9.

Service of Assessment.

10.

Form of A