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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 Assessment.

11.

Reference of claim to the court.

12.

Default in payment of amount assessed.

13.

Notice of hearing.

14.

Consent orders for maintenance pending the disposal of proceedings

15.

Determination of claim for maintenance by the court.

16.

Ex parte application for maintenance pending suit.

 

 

 

 

 

 

Part 3

Certificate of Means

 

 

17.

Application for certificate of means.

18.

Issue of certificate of means.

19.

Certificate of means to be evidence.

 

 

Part 4

Custody

 

 

20.

Notice of application for interim order.

21.

Respondent may make application for custody pending disposal of proceedings.

22.

Application for custody pending disposal of proceedings.

23.

Ex parte application for custody.

24.

Party who claims custody to disclose any adultery.

 

 

 

 

Part 5

Proceedings for Ancillary Relief instituted by a Person not a party to the marriage

 

 

25.

Application for custody of a child by a person other than a parent of the child.

 

 

 

 

 

 

 

Part 6

Variation of Orders

 

 

26.

Variation of orders.

 

 

 

 

 

 

Order XV

Evidence

 

Part 1

General

 

 

1.

Evidence to be given orally.

2.

Proof of service of documents.

3.

Circumstances in which proof of service of petition or answer unnecessary.

4.

Evidence of when letter delivered in ordinary course of poet.

5.

Affidavit evidence on the trial of proceedings.

6.

Affidavit evidence on the hearing of other proceedings.

 

 

Part 2

Affidavits

 

 

7.

Contents of affidavit.

8.

Document to be produced if extract set forth in affidavit.

9.

Exhibits.

10.

Use of figures.

11.

Before whom affidavit may be sworn.

12.

Form of affidavit.

13.

Affidavit to contain occupation and address of deponent.

14.

Signing affidavit.

15.

Affidavit made by two or more deponents.

16.

Affidavit to be filed before being used.

17.

Endorsements on affidavit.

18.

Irrelevant matter.

19.

Alterations in affidavit.

20.

Affidavit by illiterate of blind persons.

 

 

 

 

Order XVI

Affirmations and Defective Affidavits

 

 

1.

Affirmations.

2.

Defective affidavits.

 

 

 

 

Order XVII

Enforcement of Decrees

 

Part 1

General

 

 

1.

Application.

2.

Enforcement of decrees.

3.

Demand for compliance with decree.

 

 

Part 2

Attachment and Sequestration

 

 

4.

Leave to enforce decree by attachment or sequestration.

5.

When sequestration may be ordered.

6.

Discharged of writ of sequestration.

 

 

Part 3

Attachment of Earnings Orders

 

 

7.

Interpretation.

8.

Application to High Court for attachment of earnings order.

9.

Form of attachment of earnings order.

10.

Service of orders.

11.

Service on the Government of the Federation &c.

12.

Certificate of posting to be evidence.

13.

Notice that attachment of earnings order has ceased to have effect.

14.

Notice that defendant not employed by person.

15.

Service of application under paragraph 31.

16.

Practice and procedure of courts of summary jurisdiction.

 

 

 

 

 

 

Part 4

Other Means of Enforcing Decrees

 

 

17.

Other means of enforcing decrees.

 

 

 

 

 

 

Part 5

Execution of Warrants and Writs in other States or Federal Capital Territory

 

 

18.

Definitions.

19.

Application of this part of warrants and writs.

20.

Execution of warrants and writs in other States.

21.

How person arrested in other State or the Federal Capital Territory dealt with.

 

 

 

 

 

 

Part 6

Registration of Decrees in other High Courts

 

 

22.

How property seized in another State or the Federal Territory dealt with.

23.

Reference to decree.

24.

Certificate of decree.

25.

Certificate as to payments under maintenance order.

26.

Registration of decree in another court.

27.

Cost of proceedings to register decree.

28.

Decree not to be enforced unless affidavit of liability filed.

29.

Stay of proceedings.

 

 

 

 

Part 7

Registration of Maintenance Orders in Court of Summary jurisdiction

 

 

30.

Registration of maintenance orders in courts of summary jurisdiction.

31.

How moneys paid into court to be dealt with.

32.

Variation, discharge, &c., of order.

33.

Cancellation of registration.

34.

Notification of registration of maintenance order.

 

 

 

 

Order XVIII

Proceedings Consequent on Decrees of Restitution of Conjugal Rights

 

 

1.

Definitions.

2.

Service of copy of decree.

3.

Notice of home to be given by husband.

4.

Notice to be given by wife.

5.

Cancellation and variation of notices.

6.

Service of notice of home.

7.

Conduct money.

 

 

 

 

 

 

Order XIX

Registries

 

 

1.

Seal.

2.

Sealing of documents and issued of office copies.

3.

Date of filing.

4.

Indexes to be kept.

5.

Register of documents to be kept.

6.

Record of court.

7.

Searches.

 

 

 

 

 

 

Order XX

Fees

 

 

1.

Fees.

2.

Fees required to be paid.

3.

Marking of fees.

4.

Registrar to decide disputed fees.

5.

Court may remit fees.

 

 

 

 

Order XXI

Effect of Non-Compliance with These Rules or With an Order

 

 

1.

Application.

2.

Non-compliance with rules not to render proceeding void.

3.

Court or registrar may relieve from consequences of non-compliance.

4.

Application to set aside for irregularity.

 

 

 

 

 

 

Order XXII

Proceedings for Jactitation of Marriage, Declarations, &c.

 

Part 1

Application

 

 

1.

Application of this Order.

 

 

 

 

 

 

Part 2

Petitions for jurisdiction of Marriage

 

 

2.

Form of petition.

3.

Contents of petition.

 

 

 

 

Part 3

Petitions for Declarations, &c.

 

 

4.

Application.

5.

Form of petition and parties to petition.

6.

Contents of petition.

7.

Application of Rules.

 

 

 

 

 

 

Order XXIII

Miscellaneous

 

1.

Consent orders.

2.

Application for order under section 120 of the Act may be made ex-parte.

3.

Court or registrar may extend time.

4.

Extension of time by consent.

5.

Court of registrar may abridge times

6.

Documents to be in writing.

7.

Copies of affidavits on ex-parte applications.

8.

Change of Legal Practitioner.

9.

Notice of appointment of legal practitioner.

10.

Notice of intention to act in person.

11.

Legal Practitioner to act for party

12.

Solicitor not to act for adverse parties.

13.

Disallowance of costs of improper vexatious or unnecessary matter in documents or proceedings.

14.

Transfer of proceedings from one court to another.

 

 

 

 

 

The Schedules

 

First Schedule

 

Form 1

Notice of Address for Service

 

Form 2

Notice of Change of Address for Service

 

Form 3

Certificate Relating to Reconciliation

 

Form 3a

Certificate Relating to Reconciliation

 

Form 4

Title of Proceedings

 

Form 5

Application to Court or Registrar

 

Form 6

Petition for Decree of Dissolution of Marriage, Nullity of Marriage or Judicial Separation

 

Form 7

Petition for Decree of Restitution of Conjugal Rights

 

Form 8

Notice of Petition

 

Form 8a

Notice of Petition

 

Form 9

Notice of Proceedings

 

Form 10

Notice of Proceedings

 

Form 11

Acknowledgment of Service

 

Form 12

Request for Service Abroad

 

Form 13

Affidavit of Personal Service

 

Form 13a

Memorandum of Publication of Advertisement

 

Form 14

Memorandum of Publication of Advertisement

 

Form 15

Answer

 

Form 15a

Answer and Cross-Petition

 

Form 16

Answer Under Protest

 

Form 17

Reply

 

Form 18

Reply Under Protest

 

Form 19

Notice of Withdrawal of Pleadings

 

Form 20

Supplementary Petition

 

Form 21

Supplementary Answer

 

Form 22

Election of Guardian Ad Litem of Infant

 

Form 23

Consent to Act as Guardian Ad Litem

 

Form 24

Request for Discovery

 

Form 25

Affidavit of Discovery

 

Form 26

Notice to Admit Documents

 

Form 27

Notice to Admit Facts

 

Form 28

Admission of Facts

 

Form 29

Notice to Produce at Trial

 

Form 30

Discretion Statement

 

Form 31

Request to Set Undefended Suit Down for Trial

 

Form 32

Request to Set Defended Suit Down for Trial

 

Form 33

Notice of Trial

 

Form 34

Registrar's Certificate that Suit is Ready for Trial

 

Form 35

Decree Nisi of Dissolution of Marriage

 

Form 36

Decree of Nullify of Void Marriage

 

Form 37

Decree Nisi of Nullity of Voidable Marriage

 

Form 38

Decree of Judicial Separation

 

Form 39

Decree of Restitution of Conjugal Rights

 

Form 40

Memorandum of Decree Nisi having Become Absolute

 

From 41

Certificate of Decree Nisi having Become Absolute

 

Form 42

Notice of Intervention by Attorney-General

 

Form 43

Notice of Intervention

 

Form 44

Application for Ancillary Relief

 

Form 45

Application for Maintenance Pending Suit

 

Form 46

Notice of Hearing (Petitions)

 

Form 47

Notice of Hearing (Answer)

 

Form 48

Request to Assess Maintenance Pending Suit

 

Form 49

Assessment of Maintenance Pending Suit

 

Form 50

Request to Refer Maintenance Proceedings to the Court

 

Form 51

Notice of Hearing of Maintenance Proceedings Referred to the Court

 

Form 52

Application for Certificate of Means

 

Form 53

Certificate of Means

 

Form 54

Affidavit

 

Form 55

Attachment of Earnings Order

 

Form 56

Notice of Attachment of Earnings Order having ceased to have Effect

 

Form 57

Notice of Employer that Person not in His Employ

 

Form 58

Notation to be written on Certain Warrants and Writs

 

Form 59

Certificate of Decree or Order

 

Form 59a

Certificate of Amounts Paid Under Order for Maintenance

 

Form 60

Petition for Jactitation of Marriage

 

Form 61

Petition for Declaration, E.t.c

 

Form 62

Notice of Intention to give Notice to Court that Legal Practitioner has ceased to Represent Party

 

Form 63

Notice that Legal Practitioner has ceased to Represent Party

 

 

 

Second Schedule

Court Fees