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Chapter: | 179A
![]() | Title: | MATRIMONIAL CAUSES RULES | Gazette Number: | L.N. 54 of 2002 |
| Rule: | 12 | Heading: | Presentation of petition and making of joint application | Version Date: | 26/04/2002 |
(1) A petition or a joint application shall be presented to the District Court. (L.N. 172 of 1996; L.N. 26 of 2002)
(2) Unless otherwise directed on an application made ex parte, a certificate of the marriage to which the cause relates shall be filed with the petition or the joint application, as the case may be. (L.N. 325 of 1982; L.N. 172 of 1996)
(3) Where a solicitor is acting for a petitioner for divorce or judicial separation, a certificate in Form 2A shall be filed with the petition, unless otherwise directed on an application made ex parte. (L.N. 135 of 1972)
(4) Where there is before the District Court or the Court of First Instance a petition or a joint application which has not been dismissed or otherwise disposed of by a final order, a subsequent petition in respect of the same marriage shall not be presented either by the same petitioner or, if the pending proceedings are joint application, by either of the parties to the marriage, nor shall a subsequent joint application in respect of the same marriage be made, without leave granted on an application made in the pending proceedings: (25 of 1998 s. 2; L.N. 26 of 2002)
Provided that no such leave shall be required where it is proposed, after the expiration of the period of 1 year from the date of the marriage, either-