Application under section 46A(4) of Act to be allowed to make cross-application for divorce
8F.—(1) An application by a prescribed party under section 46A(4) of the Act to be allowed to make a cross-application in proceedings for a divorce in accordance with the Muslim law must be made by summons in those proceedings.
(2) The applicant must file the summons together with a supporting affidavit —
(a)
stating whether the applicant was informed, or was aware, that the applicant was required to attend the applicable prescribed activity;
(b)
stating the applicant’s reasons for not attending the applicable prescribed activity;
(c)
exhibiting a copy of each document relied on in support of the application; and
(d)
if the summons is filed more than 2 months after the originating summons in the proceedings was served on the applicant, stating the applicant’s reason for not filing the summons within those 2 months.
(3) Unless the Court otherwise directs, the summons and the supporting affidavit must be served on the plaintiff in the proceedings mentioned in paragraph (1) at least 7 days before the date of the first pre-trial conference or first hearing (whichever is earlier) in those proceedings.
(4) The Court may allow the applicant to make a cross-application in the proceedings mentioned in paragraph (1) on such terms as the Court thinks fit.