CAP. 152
Matrimonial Causes
[Rev. 2012]
Provided that the judge may order that service made or to be made on the infant
shall be deemed good service.
(3) When in any such cause any document is required to be personally served
and the person on whom service is to be effected is of unsound mind, that document
shall, unless otherwise directed, be served upon the person with whom the person
of unsound mind resides or under whose care he is, and service so effected shall
be deemed good service upon the person of unsound mind.
(4) Any document served in accordance with paragraph (3) of this rule shall
be endorsed with a notice that the contents or purport of the document shall be
communicated to the person of unsound mind to whom it relates, unless the person
on whom the document was served is satisfied, after consultation with the medical
attendant of the person of unsound mind or the medical officer of the institution in
which the person of unsound mind is, that the communication would be detrimental
to the mental condition of the person of unsound mind, and, in a case where any
order has been made under the Mental Treatment Act (Cap. 248) in respect of
the person of unsound mind appointing a manager, with a further notice that the
contents and purport of the document shall be communicated to the manager so
appointed.
(5) After service of any document has been effected upon a person of unsound
mind in accordance with paragraphs (3) and (4) of this rule, the party at whose
instance the document was served shall, unless otherwise directed, file an affidavit
made by the person with whom the person of unsound mind resides or under whose
care he is, stating whether or not the contents or purport of the document were
communicated to the person of unsound mind and, if not, giving the reasons why
the contents or purport of the document were not so communicated.
(6) Before the name of any person is used in any proceedings as next friend,
such person shall sign a written authority to the advocate for that purpose; and
the authority shall be attested by an advocate, who shall certify that the proposed
next friend has no interest in the proceedings adverse to that of the infant or of the
person of unsound mind.
(7) No order for the appointment of a guardian under this rule shall be
necessary, but the advocate seeking to enter appearance shall make and file an
affidavit of fitness in accordance with Form 13 in the Appendix.
(8) Where a petition, originating summons or answer has been served on a
person who is an infant or a person of unsound mind, and no appearance has been
entered in the cause or no application for leave to intervene has been made by
or on behalf of the infant or person or unsound mind, the party at whose instance
the petition, originating summons or answer was served shall, before proceeding
further with the cause, apply for an order that some proper person be assigned
guardian of the infant or person of unsound mind by whom he may appear and
defend or intervene in the proceedings.
62. Paupers
(1) Any person may be admitted to take or defend or be a party to any
matrimonial proceedings under these rules in forma pauperis, subject to his or her
satisfying the court that he or she is not in possession of sufficient means to
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