Contents of Section

Chapter:

179A PDFTitle:MATRIMONIAL CAUSES RULESGazette Number:L.N. 54 of 2002
Rule:12Heading:Presentation of petition and making of joint applicationVersion 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-

        (a) to present a petition for divorce alleging such of the facts mentioned in section 11A of the Ordinance as were alleged in a petition for judicial separation presented before the expiration of the said period; or
        (b) to make a joint application alleging the fact mentioned in section 11B(2)(a) of the Ordinance where a petition for judicial separation has been made alleging the fact mentioned in section 11A(2)(c) of the Ordinance. (L.N. 172 of 1996)
(5) The petition shall be presented or the joint application shall be made, as the case may be, by filing it, together with any statement, report or affidavit required by rule 9(3) or (4), as the case may be, in the registry. (L.N. 78 of 1986; L.N. 172 of 1996)
(6) On the filing of the petition or the joint application, the registrar shall enter the cause in the books of the court. (L.N. 78 of 1986; L.N. 172 of 1996)
(7) Every copy of a petition for service shall be sealed, and shall be accompanied by a notice in Form 3 with Form 4 attached, and in the case of a petition for service on a respondent spouse, shall also be accompanied by a copy of any statement, report and affidavit lodged pursuant to paragraph (5). (L.N. 78 of 1986)