CAP. 152
Matrimonial Causes
[Rev. 2012]
Form 12 in the Appendix on any day after the expiration of the period prescribed for
making the decree absolute; and if the registrar, after searching the proper books
of the Divorce Registry, is satisfied—
(a) that no appeal against the decree is pending; and
(b) that no appearance has been entered, or, if appearance has been
entered, that no affidavits have been filed within the time allowed for
filing, by or on behalf of any person wishing to show cause against
the decree being made absolute,
the notice shall be filed:
Provided that, if the application is made after the expiration of one year from
the date of the decree nisi, there shall be lodged with the notice an affidavit by the
applicant accounting for the delay, and the notice shall not be filed without leave.
(2) Upon filing of the said notice the decree nisi shall become absolute.
(3) An application by a spouse to make absolute a decree nisi pronounced
against him shall be made to the registrar on not less than four days’ notice, and
shall be accompanied by an application on Form 14 in the Appendix; and on any
such application the Registrar may make such order as he thinks fit, or may refer
the application to a judge.
(4) A certificate in Form 13 or Form 14 in the Appendix, whichever is
appropriate, that the decree has been made absolute shall be prepared and filed
by the registrar; the certificate shall be authenticated by affixing thereto the seal
of the registry.
37. Reversal of decree judicial of separation
(1) A petition to the court for the reversal of a decree of judicial separation
shall set out particulars of the decree the reversal of which is being prayed and the
grounds on which the petitioner relies.
(2) No such petition shall be filed unless an appearance has been entered in the
cause in which the decree has been pronounced by the party praying for a reversal
of the decree; if no such appearance has been entered before the pronouncement
of the decree leave to enter an appearance shall be obtained.
(3) A certified copy of the petition shall be personally served upon the party in
the cause in whose favour the decree has been made, who may within fourteen
days after service file an answer thereto.
(4) A copy of the answer shall be delivered to the other party in the cause or to
his advocate within eight days after the answer is filed.
(5) All subsequent pleadings and proceedings arising out of such petition and
answer shall be filed and carried on in the same manner as is by these Rules
directed in respect of the original petition and answer thereto, so far as such
directions are applicable.
38. Alimony pending suit
A wife petitioner who has not included in her petition a prayer for alimony
pending suit may make an application for alimony pending suit at any time after
filing the petition, and a respondent wife or a respondent husband against whom
[Issue 1]
M9 - 34
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