CAP. 152 Matrimonial Causes [Rev. 2012] (4) Save with the consent of all parties or by leave of the Judge, no cause shall be placed in the list for hearing until after the expiration of ten days from the date of setting down. 31. Right of respondent or co-respondent be heard without filling answer After entering an appearance, a respondent or co-respondent may, without filing an answer, be heard in respect of any question as to costs or damages, and a respondent spouse may, without filing an answer, be heard as to any question of custody of or access to any children the marriage of whose parents is the subject of the proceedings: Provided that— (i) without leave, a co-respondent or party cited in an answer shall not be heard in respect of any question as to damages unless he has entered an appearance before the registrar has given his certificate under rule 29 of these Rules; (ii) no allegation shall be made against a party claiming costs or damages unless the party making the allegation has filed an answer. 32. Form of decree (1) The registrar shall draw and sign every decree of the court. (2) Where in any case there has been a finding of adultery against one of the parties to the cause, but the judge has refused to exercise his discretion under subsection (2) of section 10 of the Act, that finding and the refusal shall be set out in the decree, and where in such a case the judge exercises his discretion the decree shall state that it is made in the exercise of the discretion conferred on the court by the said section. (3) A sealed or other copy of any decree of the court may be issued to any person requiring it on payment of the prescribed fee. PART VI – MISCELLANEOUS 33. Interventions by President’ Proctor (a) When the President’s Proctor desires to show cause against making absolute a decree nisi, he shall enter an appearance in the cause in which such decree has been pronounced, and shall within fourteen days thereafter file his plea setting forth the grounds upon which he desires to show cause, and within eight days of filing his plea shall deliver a copy thereof to the person in whose favour such decree has been pronounced or to his advocate. (b) Where such plea alleges a petitioner’s adultery with any named person, the President’s Proctor shall, unless otherwise directed, serve each such person with a copy of his plea omitting such part thereof as contains any allegation in which the person so served is not named. (c) Such copy shall be endorsed with a notice in accordance with Form 11 in the Appendix so far as the same is applicable. (d) Service shall be effected and proof of service shall be given in the manner provided for by rules 8, 9 and 10 of these Rules in the case of a copy of a petition served on a co-respondent. [Issue 1] M9 - 32

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières