Women’s Charter (Matrimonial Proceedings) Rules

Women’s Charter

Chapter 353, Section 139

R 4

G.N. No. S 164/2004

REVISED EDITION 1998

( )

[10 July 1981]

Citation and definitions

1.—(1) These Rules may be cited as the Women’s Charter (Matrimonial Proceedings) Rules.

(2) In these Rules, unless the context otherwise requires —

“Judge” means a Judge of the Supreme Court;

“office copy” means a copy examined against the original in the Registry of the Supreme Court and sealed with the seal of the Registry of the Supreme Court, or a photographic copy so sealed;

“person named” includes a person described as passing under the name of A.B.

(3) In these Rules, unless the context otherwise requires, a rule referred to by number means the rule as numbered in these Rules, and a Form referred to by number means the form so numbered in the First Schedule.

Application of Rules of Court

2.—(1) Subject to the provisions of these Rules and of any written law, the Rules of Court (Cap. 322, R 5), shall apply with the necessary modifications to the practice and procedure in any proceedings under Part X of the Act to which these Rules relate.

(2) Any reference to “pleadings” in the Rules of Court shall for the purposes of any proceedings under Part X of the Act be construed to include a petition.

Application for leave to present petition

3.—(1) An application under section 94 of the Act for leave to present a petition for divorce before 3 years have passed since the date of the marriage shall be by originating summons in accordance with Form 1.

(2) There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the proposed petition and stating —

(a)	the grounds of the application;
(b)	particulars of the hardship or depravity alleged;
(c)	whether there has been any previous application for leave;
(d)	whether any, and if so what, attempts at reconciliation have been made;
(e)	particulars of any circumstances which may assist the court in determining whether there is a reasonable probability of reconciliation between the parties; and
(f)	the date of birth of each of the parties, or if it be the case, that he or she has attained the age of 21 years.

(3) When the summons is issued, it shall be made returnable for a fixed date before a Judge-in-Chambers and shall be accompanied by a form of acknowledgment of service in accordance with Form 5.

(4) Unless otherwise directed, the summons shall be served on the respondent at least 5 clear days before the return date.

(5) No appearance need be entered to the summons and no affidavit need be filed in reply, and the intended respondent may be heard without entering an appearance.

Commencement of proceedings

4.—(1) All proceedings for a decree of divorce, presumption of death, judicial separation or nullity of marriage shall be commenced by filing a petition addressed to the High Court.

(2) Unless the Act otherwise provides, every application under Part X of the Act or these Rules shall be made either by originating summons or, in a pending cause or matter, by summons.

Petition

5.—(1) Unless otherwise directed, every petition shall contain the information required by the Second Schedule.

(2) Every petition shall be signed by the solicitor for the petitioner, or by the petitioner if he is acting in person.

(3) The solicitor for a petitioner shall endorse on the petition his name or the name of his firm and the address of his or of his firm’s place of business within the jurisdiction which shall be an address for service.

(4) Where a solicitor is acting for a petitioner for divorce or judicial separation, a certificate in Form 2 shall be filed with the petition, unless otherwise directed on an application made ex parte.

(5) A petitioner acting in person shall endorse on the petition an address for service, which shall be his place of residence within the jurisdiction or if he has no place of residence within the jurisdiction an address for service within the jurisdiction.

Parties

6.—(1) Subject to paragraph (2), where a petition alleges that the respondent has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a co-respondent in the cause unless —

(a)	that person is not named in the petition and, if the adultery is relied on for the purpose of section 95 (3) (a) of the Act, the petition contains a statement that his or her identity is not known to the petitioner; or
(b)	the Court otherwise directs.

(2) Where a petition alleges that the respondent has been guilty of rape upon a person named, then, notwithstanding anything in paragraph (1), that person shall not be made a co-respondent in the cause unless the Court so directs.

(3) Where a petition alleges that the respondent has been guilty of an improper association (other than adultery) with a person named, the Court may direct that the person named be made a co-respondent in the cause, and for that purpose the Registrar may give notice to the petitioner and to any other party who had given notice of intention to defend of a date and time when the Court will consider giving such a direction.

(4) An application for directions under paragraph (1) may be made ex parte if no notice of intention to defend has been given.

(5) Paragraphs (1) and (3) do not apply where the person named had died before the filing of the petition.

Affidavit in support of petition

7.—(1) Every petition shall be supported by an affidavit by the petitioner verifying the facts of which the deponent has personal cognizance and deposing as to belief in the truth of the other facts.

(2) The affidavit in support of the petition shall be contained in the same document as the petition and shall follow at the foot or end thereof.

Notice of proceedings

8. Every copy of a petition for service on a respondent or co-respondent shall be accompanied by a notice of proceedings in accordance with Form 4, a form of acknowledgment of service in accordance with Form 5 and a memorandum of appearance in duplicate in accordance with Form 6, 7 or 8, whichever is appropriate.

Service of petition, etc.

9.—(1) Unless otherwise directed —

(a)	a copy of every petition shall be served personally or by registered post upon every respondent and co-respondent named therein; and
(b)	a copy of every originating summons or summons shall be served personally or by registered post upon the respondent thereto.

(2) For the purposes of paragraph (1), a document shall be deemed to have been duly served by registered post if the document is sent by prepaid registered post to the party to be served, and an acknowledgment of service in accordance with Form 5 of his identity and of his receipt of the document is signed by him and returned to the solicitor for the petitioner, or to the petitioner if he is acting in person, at the address for service.

(3) Where the party to be served is a respondent, his signature on the acknowledgment of service shall be proved at the trial or hearing.

(4) An application for leave to substitute for the modes of service prescribed by paragraphs (1) and (2) some other mode of service, or to substitute for service notice of the proceedings by advertisement or otherwise, shall be made ex parte by lodging with the Registrar an affidavit setting out the grounds on which the application is made.

(5) Where leave is given to substitute for service notice of the proceedings by advertisement, the form of the advertisement shall be settled by the Registrar of the Supreme Court and copies of the newspapers containing the advertisement together with any notice to appear shall be filed.

Service out of jurisdiction

10.—(1) A petition, originating summons, summons or other document in proceedings under Part X of the Act, may be served out of the jurisdiction without leave, and subject as aforesaid the procedure with regard thereto shall conform as nearly as may be to the Rules of Court (Cap. 322, R 5), in like case.

(2) Where a petition or other document is to be served out of the jurisdiction, the time limited for appearance to be entered in the notice accompanying the petition or contained in the notice shall be fixed having regard to the place or country where or within which the petition or notice is to be served.

(3) Where an originating summons is to be served out of the jurisdiction, the return date shall be fixed having regard to the time which would be limited for appearance under paragraph (2) if the document to be served were a petition.

Proof of service

11. Unless otherwise directed, and except where rule 9(5) has been complied with or service has been dispensed with under rule 13, a petition shall not proceed to trial or hearing unless the respondent and every co-respondent thereto and every person named therein —

(a)	has entered an appearance;
(b)	is shown by affidavit in accordance with Form 9 (which shall be filed) to have been served with the petition personally or in accordance with an order for substituted service; or
(c)	has returned to the solicitor for the petitioner, or to the petitioner if he is acting in person, an acknowledgment of service in accordance with Form 5, which shall be lodged with the Registrar.

Service of other documents

12.—(1) Unless otherwise directed, service or delivery of any other document in proceedings under Part X of the Act may, if no other mode of service or delivery is prescribed, be effected —

(a)	where the party to be served is the petitioner or has entered an appearance, by leaving the document at or by sending it by prepaid post to the address for service; and
(b)	in any other case by delivering the document to the party to be served or by leaving it at, or by sending it to him by prepaid registered post to, his last known address.

(2) A copy of every affidavit filed in support of an application under rule 3, or in pursuance of an order for interrogatories or discovery, shall be delivered to the opposite party if he is the petitioner or has entered an appearance within 24 hours after the affidavit has been filed.

(3) If the opposite party has not entered an appearance and the time for appearance has not expired, a copy of the affidavit shall be served upon the opposite party with the originating summons or the notice in support of which the affidavit is filed.

Dispensation with service

13.—(1) The Court may, in an appropriate case, dispense with the service of any petition, originating summons, summons or other document on any person.

(2) When an order is made under paragraph (1) that the service of a document be dispensed with, that document shall for the purposes of these Rules be deemed to have been duly served.

Entry of appearance

14.—(1) If the person desiring to appear is acting in person he shall either leave at or send by post to the Registry of the Supreme Court a memorandum of appearance in duplicate in accordance with Form 6, 7, 8 or 16, whichever is appropriate, containing an address for service.

(2) If a solicitor is acting on behalf of the person desiring to appear, he shall leave at or send by post to the Registry of the Supreme Court a memorandum of appearance in duplicate in accordance with Form 6, 7, 8 or 16, whichever is appropriate, containing an address for service which shall be the place at which he carries on business.

(3) The Registrar of the Supreme Court on receipt of the memorandum of appearance shall —

(a)	send by post to the petitioner or his solicitor one copy of the memorandum sealed with the seal of the Court; and
(b)	deliver or send by post to the person entering the appearance a notice in accordance with Form 10, and the production of that notice shall be prima facie evidence that appearance has been duly entered.

Form of appearance

15.—(1) An appearance may be under protest, may be either general or limited to any case made in the petition or by subsequent application or to making an application under these Rules, and subject to rules 18(2) and 31 may be entered at any time.

(2) Any appearance under protest shall state concisely the grounds of protest.

(3) The party so appearing under protest shall before the expiration of the time allowed for filing an answer apply for directions as to the determination of any question arising by reason of such appearance under protest and, in default of making such application, shall be deemed to have entered an unconditional appearance.

(4) Any such directions may provide for the trial of a preliminary issue with or without a stay of proceedings or for determination of the matters in question at the hearing of the cause and for any interlocutory matters incidental thereto.

Consent to grant of decree

16.—(1) Where, before the hearing of a petition alleging 3 years' separation coupled with the respondent's consent to a decree being granted, the respondent wishes to indicate to the Court that he consents to the grant of a decree, he must do so by giving the Registrar of the Supreme Court a notice to that effect signed by the respondent personally.

(2) For the purposes of paragraph (1), a memorandum of appearance containing a statement that the respondent consents to the grant of a decree shall be treated as such a notice if the acknowledgment is signed —

(a)	in the case of a respondent acting in person, by the respondent; or
(b)	in the case of a respondent represented by a solicitor, by the respondent as well as by the solicitor.

(3) A respondent to a petition which alleges any such fact as is mentioned in paragraph (1) may give notice to the Court either that he does not consent to a decree being granted or that he withdraws any consent which he has already given.

(4) Where any such notice and none of the other facts mentioned in section 95(3) of the Act is alleged, the proceedings on the petition shall be stayed and the Registrar of the Supreme Court shall thereupon give notice of the stay to all parties.

Supplemental petition and amended petition

17.—(1) A petition may be amended without leave before it is served but only with leave after it has been served.

(2) A supplemental petition may be filed only with leave.

(3) Subject to paragraph (4), an application for leave under this rule —

(a)	may, if every opposite party consents in writing to the supplemental petition being filed or the petition being amended, be made ex parte by lodging in the Registry of the Supreme Court the supplemental petition or a copy of the petition as proposed to be amended; and
(b)	shall, in any other case be made by summons, be served, unless otherwise directed, on every opposite party.

(4) The Registrar may, if he thinks fit, require an application for leave to be supported by affidavit.

(5) An order made under this rule shall in cases where an appearance has been entered in the original proceedings fix the time within which the memorandum of appearance must be amended or the answer must be filed or amended.

(6) Unless otherwise directed, a copy of the supplemental or of the amended petition together with a copy of the order (if any) made under this rule shall be served upon the respondent, co-respondent or person named therein.

(7) In the case of a respondent, co-respondent or person not named in the original petition, the supplemental petition or amended petition shall be accompanied by a notice to appear in accordance with Form 4 or, as the case may be, Form 11, a form of acknowledgment of service in accordance with Form 5 and a memorandum of appearance in duplicate in accordance with Form 6, 7 or 8, whichever is appropriate, and rules 9 to 11 shall apply to supplemental and amended petitions as they apply to original petitions.

Interveners

18.—(1) Unless otherwise directed, where a person charged with adultery in a petition is not made either a respondent or a co-respondent under rule 6, a copy of the petition containing such charge shall be served on the person with whom adultery is alleged to have been committed, accompanied, in lieu of a notice to appear, by a notice in accordance with Form 11, a form of acknowledgment of service in accordance with Form 5 and a memorandum of appearance in duplicate in accordance with Form 8.

(2) Service of a copy of the petition under paragraph (1) shall be effected and proof of service shall be given in the manner provided for by rules 9, 10 and 11 in the case of service of a copy of a petition on a co-respondent.

(3) Unless otherwise directed, a party intervening shall join in the proceedings at the stage which those proceedings have reached at the time he appears, and his name shall appear thereafter in the title to the cause.

Answer

19.—(1) A respondent, co-respondent or person named who has entered an appearance to a petition and who wishes to defend all or any charges made therein shall, within 14 days after the expiration of the time limited for the entry of such appearance, file an answer to the petition by sending it by prepaid post to, or by leaving it at, the Registry of the Supreme Court.

(2) A co-respondent or person named, whether made a respondent or not, shall not be required to file an answer if the memorandum of appearance indicates an intention to deny a charge of adultery, but not to defend the petition on any other ground.

(3) When the time limited for entry of appearance has expired and no appearance has been entered, then, if notice of trial has been given, the time for filing an answer shall be deemed to have expired notwithstanding that the said period of 14 days has not elapsed.

Contents of answer and subsequent pleadings

20.—(1) Where an answer, reply or subsequent pleading contains more than a simple denial of the facts stated in the petition, answer or reply, as the case may be, the pleading shall set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved and, if the pleading is filed by the husband or wife, it shall, in relation to those facts, contain the information required in the case of a petition by paragraph 1 (k) of the Second Schedule.

(2) Unless otherwise directed, an answer by a husband or wife who disputes any statement required by paragraph 1 (f), (g) and (h) of the Second Schedule to be included in the petition shall contain full particulars of the facts relied on.

(3) Paragraph 4 (a) of the Second Schedule shall, where appropriate, apply with the necessary modifications to a respondent's answer as it applies to a petition, except that it shall not be necessary to include in the answer any claim for costs against the petitioner.

(4) Where an answer to any petition contains a prayer for relief, it shall contain the information required by paragraph 1 (j) of the Second Schedule in the case of the petition in so far as it has not been given by the petitioner.

(5) Every answer or subsequent pleading shall be signed by the solicitor for the party filing the same, or by that party if he is acting in person.

21.—(1) No reply shall be filed without leave except where relief is claimed in the answer, in which case a reply may be filed within 14 days from the delivery of the answer.

(2) No subsequent pleading shall be filed except by leave.

Amendment of originating summons, etc.

22. Any originating summons, summons, pleading or other document may be amended without leave before service, or with leave after service, subject to any directions as to re-service and as to consequential amendment of pleadings already filed.

Pleadings out of time

23.—(1) No pleading shall be filed out of time without leave after notice of trial has been given.

(2) Without leave, a co-respondent, party cited or person named, whether made a respondent or not, shall not be heard to deny any charge of adultery, unless he or she has entered an appearance before notice of trial has been given.

Particulars

24.—(1) Any party may by letter require any other party to furnish particulars of any allegation or other matter pleaded and if the other party fails to furnish the particulars within a reasonable time, the party requiring the particulars may apply for an order that particulars be given.

(2) All particulars, whether given in pursuance of an order or otherwise, shall be filed within 24 hours of being furnished to the party requiring them.

Delivery of subsequent pleadings

25. A copy of every answer (other than an answer which is required to be served in the same manner as a copy of a petition), reply, and subsequent pleading shall within 24 hours after it is filed be delivered to the opposite parties or their solicitors.

Discovery

26.—(1) A party to any proceedings under Part X of the Act may by leave deliver interrogatories in writing for the examination of an opposite party.

(2) A copy of the interrogatories proposed to be delivered shall be lodged in the Registry of the Supreme Court and a further copy shall be served with the summons.

(3) Interrogatories shall, unless otherwise ordered, be answered by affidavit to be filed within 10 days.

(4) A party to any proceedings under Part X of the Act may apply for an order of discovery of documents by an opposite party and such opposite party may be ordered to make such general or limited discovery on oath as the Registrar of the Supreme Court shall think fit.

Medical inspection

27.—(1) In proceedings for nullity on the grounds of impotence or incapacity, the petitioner shall, after an answer has been filed, or if no answer has been filed or appearance entered to the proceedings, after the expiration of the time allowed for filing an answer or entering an appearance, as the case may be, apply to the Registrar of the Supreme Court for the determination of the question whether Medical Inspectors should be appointed to examine the parties.

(2) Upon any such application the Registrar of the Supreme Court shall, if in the circumstances of the case he considers it expedient to do so, appoint a Medical Inspector or if it appears to him necessary 2 Medical Inspectors to examine the parties and to report to the Court the result of the examination.

(3) At the hearing of any such proceedings, the Court, if it thinks fit, may appoint a Medical Inspector or 2 Medical Inspectors to examine any party who has not been examined or to examine further any party who has been examined.

(4) The order endorsed with notice of the time and place of the inspection shall be served upon the respondent, and service shall be effected and proof of service shall be given in the manner provided for by rules 9 and 11 in the case of service of a copy of a petition on a respondent.

(5) Where the respondent has appeared by a solicitor service may be effected on the solicitor in the manner provided for by rule 12.

(6) The examination shall, if either party so requires, be held at the office of the Medical Inspector appointed or, as the case may be, of one of the Medical Inspectors appointed or at some other convenient place selected by him or them and in every other case shall be held at such place as the Registrar of the Supreme Court shall direct.

(7) The Medical Inspector or Inspectors shall call upon the solicitors for the parties to identify the parties to be inspected by him or them, and after identification, the parties and their solicitors shall sign their names and the paper bearing such signatures shall be signed by the Medical Inspector or Inspectors and annexed to the report.

(8) On a petition for nullity on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage, either party may apply for the appointment of Medical Inspectors to examine the parties.

(9) Upon such application, the Registrar of the Supreme Court shall appoint a Medical Inspector, or if it appears to the Registrar of the Supreme Court to be necessary 2 Medical Inspectors, and either of the parties shall be at liberty to submit himself for examination to the Medical Inspector or Inspectors so appointed.

(10) Paragraphs (6) and (7) shall apply to any such examination and the Medical Inspector or Inspectors shall report to the Court the result of any examination made by him or them.

(11) Every report made in pursuance of this rule shall be filed and either party shall be entitled to be supplied with a copy thereof upon payment of the prescribed fee.

Evidence

28.—(1) Subject to the provisions of the Act and this rule, the witnesses at the trial or hearing of any proceedings under Part X of the Act shall be examined viva voce and in open Court.

(2) Notwithstanding paragraph (1), a Judge may —

(a)	subject to paragraph (3) order that any particular facts to be specified in the order may be proved by affidavit;
(b)	order that the affidavit of any witness may be read at the trial or hearing on such conditions as the Judge may think reasonable;
(c)	order that evidence of any particular facts to be specified in the order shall be given at the trial or hearing by statement on oath of information and belief or by production of documents or entries in books or by copies of documents or entries or otherwise as the Judge may direct; and
(d)	order that not more than a specified number of expert witnesses may be called.

(3) Where it appears to the Judge that any party reasonably desires the production of a witness for cross-examination and that the witness can be produced, an order shall not be made authorising the evidence of the witness to be given by affidavit but the expenses of the witness at the trial shall be specifically reserved.

(4) Any party may apply for the appointment of an examiner or for a commission or for letters of request to examine a party or witness in any proceedings under Part X of the Act and for leave to give the depositions taken on examination in evidence at the trial or hearing, and the provisions of Order 39 of the Rules of Court (Cap. 322, R 5) shall apply to the examination.

(5) Nothing in any order made under this rule shall affect the power of the Judge at the trial or hearing to refuse to admit evidence tendered in accordance with any such order if in the interests of justice he should think fit to do so.

Trial of issues

29. A Judge may direct, and a petitioner and any party to proceedings under Part X of the Act who has entered an appearance may apply to a Judge for directions for the separate trial of any issue of fact or any question as to the jurisdiction of the Court.

Setting down for trial

30.—(1) The petitioner shall set the cause down for hearing at any time after the reply, if any, or where no reply has been delivered, at any time after the time for reply has expired.

(2) Notice of trial shall be given to each party in the cause who has entered an appearance.

(3) If the petitioner fails to set the cause down within 14 days after the time when he first became entitled to give notice of trial, or within such extended time as the Court or a Judge allows, any party defending the cause may set it down for trial or hearing and within 24 hours of having done so shall give the petitioner and all other parties in the cause who have entered an appearance notice of his having done so.

(4) Except with the consent of all parties or by leave of the Judge, no cause shall be tried or heard until after the expiration of 10 days from the date of setting down.

Right of respondent or corespondent to be heard

31. After entering an appearance, a respondent or co-respondent may, without filing an answer, be heard in respect of any question as to costs and a respondent spouse may, without filing an answer, be heard as to any question of custody of or access to any children of the marriage subject to the following provisions:

(a)	no bill of costs not directly referable to a decree nisi or decree absolute shall be taxed against a co-respondent who has appeared, unless notice has been given to him of the intention to apply for an order that the costs should be costs in the cause; and
(b)	a co-respondent (whether he has appeared or not) may, before the expiration of the period mentioned in the order for payment of the costs by him after taxation, apply to a Judge to discharge the order making such costs in the cause, so however that a co-respondent who has not appeared shall first enter an appearance for the purpose.

Form of decree

32.—(1) The Registrar of the Supreme Court shall sign every decree of the Court.

(2) A sealed or other copy of any decree of the Court may be issued to any person requiring it on payment of the prescribed fee.

Rehearing

33. An application for rehearing shall be made by way of appeal to the Court of Appeal.

Intervention by Attorney-General

34.—(1) When the Attorney-General desires to show cause against making absolute a decree nisi, he shall —

(a)	enter an appearance in the proceedings in which such decree has been pronounced;
(b)	within 14 days thereafter file his plea setting forth the grounds upon which he desires to show cause; and
(c)	within 24 hours of filing his plea deliver a copy thereof to the person in whose favour such decree has been pronounced or to his solicitor.

(2) Where such plea alleges a petitioner's adultery with any named person, the Attorney-General shall, unless otherwise directed, serve each such person with a copy of his plea omitting such part thereof as contains any allegation in which the person so served is not named.

(3) Such copy shall be accompanied by a notice in accordance with Form 11, a form of acknowledgment of service in accordance with Form 5 and a memorandum of appearance in duplicate in accordance with Form 8, so far as the same are applicable, and shall be served and service shall be effected in the manner provided for in the case of a copy of a petition on a co-respondent by rules 9, 10 and 11.

(4) Except as hereinafter provided, these Rules shall apply to all subsequent pleadings and proceedings in respect of such plea as if the plea were an original petition.

(5) If no answer to the plea of the Attorney-General is filed within the time limited or if an answer is filed and has been struck out or not proceeded with, the Attorney-General may apply forthwith by motion to rescind the decree nisi and dismiss the petition.

(6) If any of the charges contained in the plea of the Attorney-General are not denied in the answer thereto, the party in whose favour the decree nisi has been pronounced shall set down the intervention for trial or hearing and, within 24 hours after setting down the intervention, shall give to the Attorney-General notice of his having done so.

(7) If default is made in setting down and giving notice to the Attorney-General as aforesaid, the Attorney-General may apply forthwith by motion to rescind the decree and dismiss the petition.

(8) If all the charges contained in the plea of the Attorney-General are denied in the answer thereto, the Attorney-General shall set down the intervention for trial or hearing and, within 24 hours after setting down the intervention, shall file and give to the other parties to the intervention notice of his having done so.

Intervention by person other than Attorney-General

35.—(1) When any person, other than the Attorney-General, desires to show cause against making absolute a decree nisi, he shall —

(a)	enter an appearance in the cause in which the decree nisi has been pronounced;
(b)	within 4 days thereafter file an affidavit setting forth the facts upon which he relies; and
(c)	within 24 hours of filing the affidavit deliver copies thereof to the party or the solicitor of the party in whose favour the decree has been pronounced.

(2) The party in the cause in whose favour the decree nisi has been pronounced may within 14 days after delivery of the affidavits as aforesaid file an affidavit in answer, and within 24 hours after filing deliver copies thereof to the person showing cause or to his solicitor.

(3) If any such affidavits are so filed and delivered the person showing cause may within a further 14 days file and deliver copies of affidavits in reply.

(4) No affidavits shall be filed in rejoinder to the affidavits in reply without leave.

Decree absolute

36.—(1) An application by a spouse to make absolute a decree nisi pronounced in his favour shall be made by lodging in the Registry of the Supreme Court a Notice of Application in accordance with Form 12 on any day after the expiration of the period prescribed for making the decree absolute.

(2) The Registrar of the Supreme Court having searched the Court records and being satisfied —

(a)	that no appeal against the decree is pending;
(b)	that no order has been made by the Court of Appeal enlarging the time for appealing against that decree (or if any such order has been made, that the time so enlarged has expired); and
(c)	that no appearance has been entered (or if appearance has been entered that no affidavits have been filed within the time allowed for filing) by or on behalf of any person wishing to show cause against the decree being made absolute,

shall cause the notice to be filed.

(3) If the application referred to in paragraph (1) is made after the expiration of one year from the date of the decree nisi there shall be lodged with the notice an affidavit by the applicant accounting for the delay, and the notice shall not be filed without the leave of the Registrar of the Supreme Court.

(4) Upon the filing of the said notice the Court may make the decree absolute.

(5) An application by a spouse to make absolute a decree nisi pronounced against him shall be by summons, accompanied by a Notice of Application in Form 12, on not less than 4 days' notice.

(6) On any such application the Court may make such order as it thinks fit.

(7) A certificate in accordance with Form 13 or 14, whichever is appropriate, that the decree has been made absolute shall be prepared and filed by the Registrar of the Supreme Court.

(8) The certificate shall be authenticated by affixing thereto the seal of the Registry of the Supreme Court.

Reversal of decree of judicial separation

37.—(1) A petition to the Court for the reversal of a decree of judicial separation shall set out particulars of the decree the reversal of which is being prayed and the grounds on which the petitioner relies.

(2) No such petition shall be filed unless an appearance has been entered in the cause in which the decree has been pronounced by the party praying for a reversal of the decree.

(3) A copy of the petition accompanied by a form of acknowledgment of service in accordance with Form 5 shall be served upon the party in the cause in whose favour the decree has been made who may within 14 days after service file an answer thereto.

(4) A copy of the answer shall be delivered to the other party in the cause or to his solicitor within 24 hours after the answer is filed.

(5) Service of a copy of the petition shall be effected and proof of service shall be given in the manner provided for by rules 9, 10 and 11 in the case of a document served on a respondent to a petition.

(6) All subsequent pleadings and proceedings arising out of such petition and answer shall be filed, and carried on, in the same manner as is by these Rules directed in respect of the original petition and answer thereto so far as such directions are applicable.

Application by petitioner or respondent for ancillary relief

38.—(1) Any application by a petitioner or by a respondent who files an answer claiming relief for —

(a)	an order for maintenance; or
(b)	an order for the division of matrimonial assets,

shall be made in the petition or answer, as the case may be.

(2) Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the petition or answer may be made subsequently —

(a)	by leave of the court, either by summons or at the trial; or
(b)	where the parties are agreed upon the terms of the proposed order, without leave by summons.

(3) An application by a petitioner or respondent for ancillary relief, not being an application which is required to be made in the petition or answer, may be made by summons.

Application for ancillary relief after order of Magistrates' Court

39. Where an application for ancillary relief is made while there is in force an order of a Magistrates' Court for maintenance of a spouse or child, the applicant shall file a copy of the order on or before the hearing of the application.

Evidence on application for maintenance

40.—(1) Where a husband is served with a petition in which maintenance or an order for division of assets is claimed and enters an appearance, he shall within 14 days after the expiration of the time limited for appearance, file an affidavit setting out full particulars of his property and income.

(2) Where a wife is served with a petition in which maintenance or an order for division of property is claimed, paragraph (1) shall apply to the filing of an affidavit by the wife setting out full particulars of the property and income as it applies to the filing of an affidavit by the husband as to his property and income.

(3) If an affidavit is filed by a husband under this rule the wife may, within 14 days after delivery of the husband's affidavit to her or her solicitor, file an affidavit in reply thereto.

Evidence on application for division of assets or avoidance of disposition order

41.—(1) Where an application is made for an order for the division of assets, or an avoidance of disposition order, the application shall state briefly the nature of the division and shall, unless otherwise directed, be supported by an affidavit by the applicant stating the facts relied on in support of the application.

(2) The affidavit in support shall contain, so far as is known to the applicant, full particulars —

(a)

in the case of an application for a transfer or settlement of property —

(i)	of the property in respect of which the application is made; and
(ii)	of the property to which the party against whom the application is made is entitled either in possession or reversion;

(b)

in the case of an application for an order for a variation of settlement —

(i)	of all settlements, whether antenuptial or postnuptial, made on the spouses; and
(ii)	of the funds brought into settlement by each spouse; and

(c)

in the case of an application for an avoidance of disposition order —

(i)	of the property to which the disposition relates; and
(ii)	of the persons in whose favour the disposition is alleged to have been made, and in the case of a disposition alleged to have been made by way of settlement, of the trustees and the beneficiaries of the settlement.

(3) Where an application for a division of assets or an avoidance of disposition order relates to land, the affidavit in support shall, in addition to containing any particulars required by paragraph (2) —

(a)	state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number; and
(b)	give particulars, so far as is known to the applicant, of any mortgage of the land or any interest therein.

(4) An application under this rule together with a copy of the supporting affidavit shall be served on the following persons as well as on the respondent to the application:

(a)	in the case of an application for an order for a variation of settlement order, the trustees of the settlement and the settlor if living;
(b)	in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made; and
(c)	in the case of an application to which paragraph (3) refers, any mortgagee of whom particulars are given pursuant to that paragraph,

and such other persons, if any, as the Registrar of the Supreme Court may direct.

(5) Any person served with notice of an application to which this rule applies may, within 14 days after service, file an affidavit in answer.

Evidence on application for variation order

42.—(1) An application for an order under section 118 or 119 of the Act shall be supported by an affidavit by the applicant setting out full particulars of his property and income and the grounds on which the application is made.

(2) The respondent to the application may, within 14 days after service of the affidavit, file an affidavit in answer.

Custody and access to children

43.—(1) The petitioner or the respondent spouse or guardian or any person who has obtained leave to intervene in the suit for the purpose of applying for custody or who has the custody or control of any children under an order of the Court, after entering an appearance to the petition for this purpose, may apply at any time either before or after final decree to a Judge for an order relating to the custody or education of the children or for directions that proper proceedings be taken for placing the children under the protection of the Court.

(2) A petitioner may at any time after filing a petition under Part X of the Act and a respondent spouse may at any time after entering an appearance apply for access to any children of the marriage.

Information as to other proceedings relating to children

44. On any application under these Rules relating to any children of the marriage, if there are any proceedings relating to any such children in progress in the High Court, there shall be filed a statement as to the nature of the proceedings.

Attachment and committal

45. An application for attachment or committal shall be made to a Judge, and any person attached or committed may apply to a Judge for his discharge.

Enforcement of orders

46.—(1) In default of payment to any person of any sum of money at the time appointed by an order of the Court for the payment thereof, a writ of execution shall be sealed and issued as of course upon an affidavit of service of the order and of non-payment.

(2) A decree or order requiring a person to do an act thereby ordered shall state the time within which the act is to be done.

(3) The copy to be served upon the person required to obey the decree or order shall be endorsed with a notice in accordance with Form 15 and shall be served personally on that person or delivered to his solicitor, and the original or a copy thereof issued by the Court shall be produced to him at the time of service.

(4) Where a party who has been ordered to lodge damages in Court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Judge at any time to vary the order by directing the payment of the damages to an individual to be specified in the application.

(5) The Judge, if satisfied that in the circumstances it is just and equitable to do so, may vary the order for lodgment of damages accordingly upon an undertaking by that individual to lodge the damages in Court or otherwise deal with the damages and when received as the Judge may direct, provided that if the application is made after decree absolute the Judge may, if satisfied as aforesaid, dispense with the undertaking.

(6) Where a party who has been ordered to pay costs into Court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Registrar of the Supreme Court to vary the order by directing payment to an individual to be specified in the application.

(7) The Registrar, if satisfied that in the circumstances it is just and equitable to do so, may vary the order accordingly, provided that, if the application is made before decree absolute, the order shall only be made upon the individual undertaking to pay the costs into Court as and when received.

Motion

47.—(1) Unless a Judge shall otherwise direct, and subject to these Rules, 5 clear days' notice of any motion, other than an ex parte motion, to be made to the Court shall be served on all parties who may be affected by the proposed order.

(2) A copy of the notice so served shall be filed in the Registry of the Supreme Court, and the affidavits to be used in support of the motion and original documents referred to therein or intended to be used at the hearing of the motion shall at the same time be lodged in the Registry of the Supreme Court.

(3) Copies of all such affidavits or documents shall be delivered upon request to the parties who are entitled to be heard upon the motion.

Security for wife's costs

48.—(1) At the hearing of an application for a commission or for letters of request or for the appointment of a special examiner to examine a party or witness who is outside the jurisdiction of the Court, or at any time after such examination is granted, a wife who is a petitioner or who has entered an appearance to a petition may apply for security for her costs of and incidental to the examination.

(2) At any time after notice of trial has been given and prior to the hearing of the cause, a wife who is a petitioner or has filed an answer may apply for security for her costs of the cause up to the hearing and of and incidental to such hearing.

(3) Where an application for security has been made under this rule, the Registrar of the Supreme Court shall ascertain what is a sufficient sum of money to cover the costs of the wife, and if, after taking all the circumstances into account, including the means of the husband and the wife, he considers the husband should provide security for all or some of the wife's costs, he may order the husband to pay the sum so ascertained, or some portion of it, into Court, or to give security therefor within such time as he may fix and may direct a stay of the proceedings until such order is complied with.

(4) The bond taken to secure the costs of a wife under this rule shall be given to the Registrar of the Supreme Court and shall be filed and shall not be delivered out or sued upon without leave of the Registrar.

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