Application under section 46A(4) of Act to be allowed to apply for divorce
8E.—(1) An application by a prescribed party under section 46A(4) of the Act to be allowed to apply for a divorce in accordance with the Muslim law must be made by originating summons in Form 6A.
(2) The applicant must file the originating summons together with a supporting affidavit —
(a)
stating the particulars of the parties to the proceedings;
(b)
stating the applicant’s reasons for not attending the applicable prescribed activity; and
(c)
exhibiting a copy of each document relied on in support of the application.
(3) Unless the Court otherwise directs, the originating summons and the supporting affidavit must be served on the respondent at least 7 days before the date of the first pre-trial conference or first hearing (whichever is earlier) relating to the originating summons.
(4) The Court may allow the applicant to make an application for a divorce in accordance with the Muslim law on such terms as the Court thinks fit.