CAP. 152
(d)
(e)
(f)
Matrimonial Causes
[Rev. 2012]
whether there are living any children the marriage of whose parents
is the subject of the application and, if so, the names and dates of
birth or ages of such children and particulars of the place at which and
person with whom they are residing;
whether any, and if so what, attempts at reconciliation have been
made;
particulars of any circumstances which may assist the court in
determining whether there is a reasonable probability of reconciliation
between the parties,
and a copy of the intended petition shall be exhibited to the affidavit.
(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
acknowledgement of service in Form 8 in the Appendix.
(4) Unless otherwise directed, the summons shall be served on the respondent
at least five 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.
[L.N. 304/1960.]
3. Commencement of proceedings
(1) Every matrimonial cause shall be commenced by filing a petition addressed
to the court.
(2) Every application in a matrimonial cause for ancillary relief, that is to say
every application for—
(a) alimony pending suit, except where a claim for such relief is made in
the original petition;
(b) maintenance of any children of the marriage (in these Rules referred
to as maintenance of the children), except where a claim for such relief
is made in the petition;
(c) periodical payments by a husband to a wife in whose favour a decree
for restitution of conjugal rights has been made, or for periodical
payments by a wife against whom such a decree has been made of
part of any profits of trade or earnings of which she is in receipt to her
husband for his own benefit or to her husband or any other person
for the benefit of the children of the marriage or either or any of them
(in these Rules referred to as periodical payments) or for securing
periodical payments to a wife;
(d) the allotment of alimony to a wife in whose favour a decree of
restitution of conjugal rights has been made or in whose favour or
against whom a decree for judicial separation has been made or
to a husband where the wife has presented a petition for judicial
separation on the ground of his insanity (in these Rules referred to as
permanent alimony);
(e) the payment by a husband on a decree for divorce or nullity of
marriage of monthly or weekly sums for the maintenance and
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