[Rev. 2012]
Matrimonial Causes
CAP. 152
(5) Every petition shall, unless otherwise directed, be signed by the petitioner
or, in the case of an infant or person of unsound mind, by his next friend.
5. Co-respondent
Unless otherwise directed, where a petition for divorce or a petition for judicial
separation in which damages are claimed alleges adultery, every alleged adulterer,
if male, and living at the date of the filing of the petition, shall be made a corespondent in the cause, and where a petition contains a claim for costs against a
woman named she shall be made a respondent in the cause.
6. Affidavit in support of petition
(1) There shall be filed with every petition an affidavit by the petitioner verifying
the facts of which the deponent has personal cognizance and deposing as to belief
in the truth of the other facts alleged in the petition and, except in the case of a
petition for restitution of conjugal rights, stating whether the petition is presented
or prosecuted in collusion with the respondent or any of the co-respondents.
(2) The affidavit shall also state—
(a) in the case of every petition for divorce or judicial separation, where
the ground of the petition is adultery, whether the petitioner has in any
manner been accessory to or connived at or condoned the adultery,
and, where the ground of the petition is cruelty, whether the petitioner
has in any manner condoned the cruelty; and
(b) in the case of a petition for nullity under section 14 of the Act,
whether the petitioner was at the time of the marriage ignorant of the
facts alleged and whether marital intercourse with the consent of the
petitioner has taken place since the discovery by the petitioner of the
existence of the grounds for a decree; and
(c) in the case of a petition for presumption of death and dissolution of
marriage, the steps which have been taken to trace the respondent.
(3) Where a petition for divorce or a petition for judicial separation in which
damages are claimed alleges adultery against a male person who has died before
the petition is filed, the affidavit shall prove the death of such person by reference
to a death certificate exhibited thereto or by reference to such other evidence as
is available.
7. Notice to appear
(1) A petition and every copy thereof for service upon a respondent or corespondent shall be endorsed in conspicuous. characters with a notice to appear
in Form 3 in the Appendix, and, if the petition includes a prayer for alimony pending
suit, the petition and the copy to be served on the respondent husband shall also
be endorsed with a notice to appear and file evidence in Form 4 in the Appendix.
(2) A notice of an application for any ancillary relief and every copy thereof
for service shall, if the respondent to the application has not already entered an
appearance to the petition in the matrimonial cause in which the application is
made, contain a notice to appear in Form 5 in the Appendix.
M9 - 23
[Issue 1]
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