[Rev. 2012]
Matrimonial Causes
CAP. 152
chambers supported by affidavit (of service of the order and of non-payment), and
the judge may make such order as to attachment of the person or of the property
of the person so failing to pay as in the circumstances may seem expedient.
(2) A decree requiring a person to do an act thereby ordered, shall state the
time within which the act is to be done, and the copy to be served upon the person
required to obey the same, shall be endorsed with a notice in Form 16 in the
Appendix.
(3) Where a party who has been ordered to lodge damages in court fails to
do so in accordance with the order, the party in whose favour the order was made
may apply to the judge at any time to vary the order by directing the payment of
such damages to an individual to be specified in the application, and the judge, if
satisfied that in the circumstances it is just and equitable to do so, may vary the
order for lodgement of damages accordingly upon an undertaking by that individual
to lodge the same in court or otherwise deal with the same as and when received
as the Judge may direct:
Provided that if the application is made after decree absolute the judge may, if
satisfied as aforesaid, dispense with the undertaking.
(4) Where a party who has been ordered to pay costs into court fails to do so
in accordance with the order, the party in whose favour the order was made may
apply to a judge to vary the said order by directing payment to an individual to be
specified in the application, and the judge, if satisfied that in the circumstances it
is just and equitable to do so, may vary the order accordingly:
Provided that, if the application is made before decree absolute, the order shall
only be made upon the individual undertaking to pay the costs into court as and
when received.
60. Motions
(1) Unless a judge otherwise directs, four clear days’ notice of any motion, other
than an ex parte motion, to be made to the court shall be served on all parties who
may be affected by the proposed order.
(2) A copy of the notice so served shall be filed in the Divorce Registry, and the
affidavits to be used in support of the motion and original documents referred to
therein or intended to be used at the hearing of the motion shall at the same time
be lodged in the Divorce Registry; and copies of all such affidavits or documents
shall be delivered upon request to the parties who are entitled to be heard upon
the motion.
61. Infants and persons of sound mind
(1) An infant or a person of unsound mind may commence and prosecute any
cause to which these Rules relate by his next friend, and may defend or intervene
in any such cause by his guardian appointed for that purpose.
(2) When in any such cause any document is required to be personally served
and the person on whom service is to be effected is an infant, that document shall,
unless otherwise directed, be served on the father or guardian of the infant or, if
none, upon the person with whom the infant resides or under whose care he is,
and service so effected shall be deemed good service on the infant:
M9 - 39
[Issue 1]
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