[Rev. 2012]
Matrimonial Causes
CAP. 152
47. Evidence on application for modification order
(1) An application for a modification order shall be supported by an affidavit of
the applicant giving full particulars of his property and income and the grounds on
which the application is made.
(2) The respondent to the application may, within fourteen days after delivery of
the affidavit to him or to his advocate, and, unless he is the petitioner in the cause
after entering an appearance, file an affidavit in reply, but no further evidence shall
be filed by any party without leave.
48. Preliminary investigation by judge
On an application for ancillary relief, the registrar shall fix an appointment for
the hearing of the application, and notice thereof shall be given by the applicant
to every other party to the application who has entered an appearance, and at
the appointment so fixed the judge shall in the presence of the parties or their
advocates investigate the allegations made in support of and in answer to the
application, and may order the attendance of the spouses and any other person for
the purpose of being examined or cross-examined, or may take the oral evidence
of witnesses, and at any stage of the proceedings may order the discovery and
production of any document or call for further affidavits.
49. Applications heard by judge
In the case of a claim for alimony pending suit contained in a petition or of
an application for ancillary relief including an application for settlement of the
wife’s property or variation of marriage settlements where there are children of the
marriage, the judge shall, after conducting his investigation under rule 48 of these
Rules, make such order as he thinks fit.
50. Custody of and access to children
(1) When custody of any children of the marriage is claimed in any petition, the
petitioner or the respondent spouse or guardian or any person who has obtained
leave to intervene in the suit for the purpose of applying for custody or who has
the custody or control of such children under an order of the court, after entering
an appearance to the petition for this purpose, may apply at any time either before
or after final decree to a judge for an order relating to the custody, or education of
such children or for directions that proper proceedings be taken for placing such
children under the protection of the court.
(2) A petitioner may at any time after filing a petition in a matrimonial cause, and
a respondent may at any time after entering an appearance, apply for access to any
children of the marriage, but an application for access by the spouse against whom
a decree, whether nisi, final or absolute, has been pronounced shall be made to
the judge, unless the other party consents to give access to the children and the
only question for determination on the application is the extent to which access
shall be given.
51. Injunction restraining removal of children
At any time after filing a petition in a matrimonial cause, and notwithstanding
that the petition has not been served, the petitioner may apply ex parte to a judge
for an injunction restraining the respondent or any other person from removing
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