CAP. 152
Matrimonial Causes
[Rev. 2012]
(3) A notice of an application for alimony pending suit, permanent alimony,
maintenance, maintenance of children, a secured provision, periodical payments
or securing periodical payments to a wife and every copy thereof for service shall
contain a notice to file evidence in Form 6 in the Appendix.
8. Service of petition, originating summons and notice of application for
ancillary relief
(1) Unless otherwise directed—
(a) a certified copy of every petition shall be served personally or by post
upon every respondent and co-respondent named therein;
(b) a certified copy of every originating summons shall be served
personally or by post upon the respondent thereto; and
(c) a certified copy of every notice of an application for ancillary relief shall
be served personally or by post upon the respondent thereto, unless
the respondent has entered a general appearance to the petition in
the cause in which the application is made in which case the notice
may be served by leaving it at the address for service furnished by
the respondent.
(2) Personal service shall in no case be effected by the petitioner or the intended
petitioner.
(3) An application for leave to substitute for the modes of service prescribed by
paragraph (1) of this rule some other mode of service or to substitute for service
notice of the proceedings by advertisement or otherwise shall be made ex parte
by lodging with the registrar an affidavit setting out the grounds on which the
application is made.
(4) Where leave is given to substitute for service notice of the proceedings
by advertisement, the form of the advertisement shall be settled by the registrar,
and copies of the newspapers containing the advertisements shall be filed with
a certified copy of the petition, originating summons or notice to which the
advertisement relates.
9. Service out of jurisdiction
(1) A petition, originating summons, notice or other document in a matrimonial
cause or matter may be served out of the jurisdiction without leave in manner
provided by these Rules, or may be served in accordance with the procedure
prescribed by Order V, rule 27, of the Civil Procedure (Revised) Rules, 1948, and
in that case the official certificate required by paragraph (3) of that rule shall, in the
case of a document served personally show the server’s means of knowledge as
to the identity of the person served.
(2) Where a petition, originating summons or notice of an application for
ancillary relief is to be served out of the jurisdiction, the time limited for appearance
to be endorsed on the petition or contained in the originating summons or notice
shall be fixed having regard to the place or country where or within which the
petition, originating summons or notice is to be served in accordance with the
practice adopted under rule 24 of the said Order V.
[Issue 1]
M9 - 24
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