[Rev. 2012]
Matrimonial Causes
CAP. 152
24. Medical inspection
(1) In proceedings for nullity on the ground of the impotence or incapacity of
the respondent, the petitioner shall, after an answer as been filed or if no answer
has been filed or appearance entered to the cause after the expiration of the time
allowed for filing an answer or entering an appearance, as the case may be, apply
for the appointment of medical practitioners to examine the parties, and the judge
shall upon such application appoint two medical practitioners to examine the parties
and to report to the court the result of the examination, and shall order the parties to
attend the medical practitioners so appointed for the purposes of the examination.
(2) The order endorsed with notice of the time and place of the examination
shall be served personally upon the respondent unless he has appeared in which
case the order may be served on his advocate.
(3) The examination shall be held at the consulting room of one of the medical
practitioners or at some other convenient place selected by them.
(4) At such medical examination, the petitioner’s advocate shall produce to
the medical practitioners a minute of identification, and thereupon the medical
practitioners shall call upon the advocates for the parties to identify the parties to
be examined by them, and, after identification, the parties and their advocates shall
sign their names, and the paper bearing such signatures shall be signed by the
medical practitioners and annexed to the report.
(5) On a petition for nullity on the ground that the marriage has not been
consummated owing to the wilful refusal of the respondent to consummate the
marriage, either party may apply for the appointment of medical practitioners to
examine the parties; and upon such application the judge shall appoint two medical
practitioners, and either of the parties shall be at liberty to submit himself for
examination to the medical practitioners so appointed.
(6) The provisions of paragraphs (3) and (4) of this rule shall apply to any such
examination, and the medical practitioners shall report to the court the result of any
examination made by them.
(7) Every report made in pursuance of this rule shall be filed, and either party
shall be entitled to be supplied with a copy upon payment of the prescribed fee.
25. Evidence
(1) Subject to the provisions, of the Act and of this rule, the witnesses at the
trial or hearing of any matrimonial cause shall be examined by viva voce and in
open court:
Provided that a judge may on application made to him—
(i) subject to the provisions of paragraph (2) of this rule, order that any
particular facts to be specified in the order may be proved by affidavit;
(ii) order that the affidavit of any witness may be read at the trial or hearing
on such conditions as the Judge may think reasonable;
(iii) order that evidence of any particular facts to be specified in the order
shall be given at the trial or hearing by statement on oath of
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