DIVORCE ORDINANCE

DIVORCE ORDINANCE

CHAPTER 179.

THE DIVORCE ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page

1. Short title ............................. ... ... ... 369
2. Interpretation ............................. ... ... ... ... 369
3. Principles to be applied ................... ... ... ... ... 369
4. Extent of power to grant relief ............ ... ... ... ... 369
5. Grounds for divorce ........... ... ... ... 370
6. Adulterer to be made a co-respondent . ... ... ... ... ... 370
7. Scope of inquiry by court. Collusion or condonation ... 370
8. Dismissal of petition .. . ............ ... ... ... ... 371

9. When petition shall be granted .......... ... ... ... ... 371

10. Condonation of adultery ................... ... ... ... ... 371
11. Grant of relief to respondent, if petition opposed ... ... 371
12. Petition for nullity of marriage .......... ... ... ... ... 372
13. Grounds of decree ...................... ... ... ... ... 372
14.' Decree of nullity ..................... ... ... ... ... 372

15. Children of annulled marriage .......... ... ... ... 372
16. When decree nisi to be made absolute ... ... ... ... 373
17. Grounds for judicial separation ........... ... ... ... ... 373
18. Property of wife after judicial separation ... ... 374
19. Decree of judicial separation in absence of husband may be
reversed ............................... ... ... ... ... 374
20. Petition for restitution of conjugal rights ... ... ... ... 375
21. Answer to petition ..................... ... ... ... ... ... 375
22. Periodical payments in lieu of attachment ... ... ... ... 375
23. Settlement of wife's property .......... ... ... ... ... 375
24. Power to vary orders ................... ... ... ... ... 376
25. Non-compliance with decree deemed to be desertion ... ... 376
26. Husband may claim damages from adulterer ... ... ... 376
27. Costs against co-respondent ............ ... ... ... ... ... 376
28. Alimony pendente lite ................. ... ... ... ... ... 377

29. Permanent alimony ...................... ... ... ... ... ... 377
30. Court may direct payment to wife or her trustee ... ... 378





Section Page
31. Settlement of the wife's property ...... ... ... ... ... 378
32. Inquiry into settlements ............... ... ... ... ... ... 378
33. Powers of the court as to settlements ... ... ... ... ... 379
34. Custody of children..................... ... ... ... ... 379
35. Procedure ...................... ....... ... ... ... ... ... 379
36. Forms in schedule ...................... ... ... ... ... ... 379
37..............Contents of petition ....... ... ... ... ... ... ... ... ... 379
38..............Service of petition ........ ... ... ... ... ... ... ... ... 380
39.........Evidence ........................ ... ... ... ... ... ... 380

40..............Sittings in caincra ........ ... ... ... ... ... ... ... ... 380
41...........Adjournment ................... ... ... ... ... ... ... 380
42. Enforcement of orders. Appeals ......... ... ... ... ... ... 380
43. Appeal to His Majesty in Council .... ... ... ... ... ... 381
44. Liberty to parties to re-marry ......... ... ... ... ... ... 381
45. Power to allow intervention on terms ... ... ... ... ... 381
46. Restriction on repcrting matrimonial proceedings ... ... 381
47. Abolition of suits for criminal conversation ... ... ... 382
48. Power to make rules .................... ... ... ... 382

SCHEDULE.
(Forms)





CHAPTER 179.

DIVORCE.

To confer on the Supreme Court jurisdiction in divorce and
matrimonial causes.
[1st November, 1933.]

1. This Ordinance may be cited as the Divorce
Ordinance.

2. In this Ordinance-
'Christian marriage or its civil equivalent' and 'the
civil equivalent of a Christian marriage' imply a
formal ceremony recognized by the law of the place
where the union was contracted as involving the
voluntary union for life of one man and one woman
to the exclusion of all others;
(court' means the Supreme Court or a judge thereof;
'desertion' implies an abandonment against the wish of
the person charging it;
'minor children' means unmarried children who in the
opinion of the court have not attained the age of
twenty-one years.

3. Subject to the provisions contained in this Ordin-
ance, the court shall in all suits and proceedings hereunder
act and give relief on principles which in the opinion of the
court are, as nearly as may be, conformable to the principles
on which the High Court of justice in England for the time
being acts and gives relief in matrimonial proceedings.

4. (1) Nothing herein shall authorize the court to
make any decree of dissolution of marriage except-
(a) where the marriage was either a Christian marriage
or the civil equivalent of a Christian marriage; and
(b) where the domicile of the parties to the marriage at
the time when the petition was presented was in the
Colony.

(2) Nothing herein shall authorize the court to make any
decree of nullity of marriage except Where the marriage to
which the decree relates purported to have been celebrated
in the Colony and to have been a Christian marriage or its
civi equivalent.





(3) Nothing herein shall authorize the court to make any
decree of judicial separation or of restitution of conjugal
rights except where the marriage was a Christian marriage
or its civil equivalent and where both the parties to the
marriage had their usual place of residence in the Colony at
the time of the commencement of proceedings.

Dissolution of Marriage.

5. (1) A husband may present a petition to the court
praying that his marriage may be dissolved on the ground
that his wife has since the solemnization thereof been guilty
of adultery.

(2) A wife may present a petition to the court praying
that her marriage may be dissolved on the ground that since
the solemnization thereof her husband has been guilty of-
(a) adultery; or
(b) rape, sodomy or bestiality.

(3) Every such petition shall state, as distinctly as the
nature of the case permits, the facts on which the claim to
have such marriage dissolved is founded.

6. (1) Upon any such petition presented by a husband,
the petitioner shall make the alleged adulterer a co-respondent
to the said petition, unless he is excused from doing so on
one of the following grounds, to be allowed by the court-
(a)that the respondent is leading the life of a prostitute
and that the petitioner knows of no person with
whom the adultery has been committed;
(b) that the name of the alleged adulterer is unknown
to the petitioner, although he has made due efforts
to discover it;
(c) that the alleged adulterer is dead.

(2) Upon any such petition presented by a wife the
court, if it sees fit, may order the person with whom the
husband is alleged to have committed adultery to be made
a respondent.

7. Upon any such petition for the dissolution of a
marriage the court shall satisfy itself, so far as it reasonably
can, not only as to the facts alleged, but also whether or not
the petitioner has been in any manner accessory to or





conniving at the adultery, or has condoned the same, and
shall also inquire into any countercharge which is made
against the petitioner.

8. The court shall dismiss the petition if-
(a)it is not satisfied that the petitioner's case has been
proved;
(b)it is not satisfied that the alleged adultery has been
committed;
(c)it finds that the petitioner has during the marriage
been accessory to or conniving at the adultery or has
condoned the adultery; or
(d)it finds that the petition is presented or prosecuted
in collusion with either the respondent or the co-
respondent.

9. (1) If the court is satisfied that the petitioner's case
has been proved, and does not find that the petitioner has
been accessory to or connived at the adultery, or has
condoned the adultery, or that the petition is presented or
prosecuted in collusion, the court shall pronounce a decree
nisi for the dissolution of the marriage.

(2) The court shall not be bound to pronounce such
decree if it finds that the petitioner has during the marriage
been guilty-
(a) of adultery;
(b)of unreasonable delay in presenting or prosecuting
the petition ;
(c) of cruelty to the respondent;
(d)of having, without reasonable excuse, deserted or
wilfully separated himself or herself from the
respondent before the adultery complained of; or
(e)of such wilful neglect of or misconduct towards the
respondent as has conduced to the adultery.

10. No adultery shall be deemed to have been condoned
within the meaning of this Ordinance unless conjugal
cohabitation has been continued or resumed.

11. In any suit instituted for dissolution of marriage,
if the respondent opposes the relief sought on the ground of
the adultery, cruelty or desertion without reasonable excuse
of the petitioner, the court may in such suit give the





respondent, on his or her application, the same relief to which
he or she would have been entitled in case he or she had
presented a petition seeking such relief.

Nullity of Marriage.

12. A husband or wife may present a petition to the
court praying that his or her marriage may be declared null
and void.

13. Such decree may be made on any of the following
grounds-
(a)that the respondent was impotent at the time of the
marriage and at the time of the institution of the
suit;
(b)that the parties are within the prohibited degrees of
consanguinity or affinity, whether natural or legal ;
(c)that either party was a lunatic or idiot at the time of
the marriage;
(d)that the former husband or wife of either party was
living at the time of the marriage and the marriage
with such former husband or wife was then in force;
(e)that the consent of either party to the marriage was
obtained by force or fraud in any case in which the
marriage might be annulled on this ground by the
law of England;
that the marriage is invalid by the law of the Colony.

14. If the court finds that the petitioner's case has been
proved, it shall pronounce a decree nisi declaring the marriage
to be null and void.

15.. Where a marriage is annulled on the ground that a
former husband or wife was living and it is adjudged that the
subsequent marriage was contracted in good faith and with
the full belief of the parties that the former husband or wife
was dead, or when a marriage is . annulled on the ground of
insanity, children begotten before the decree nisi is made
shall be. specified in the decree and shall be entitled to
succeed, in the same manner as legitimate children, to the
estate of the parent who at the time of the marriage was
competent to contract.





Decree Absolute.

16. (1) A decree nisi for dissolution of marriage or for
nullity of marriage may be.made absolute after the expiration
of such time, not less than three months from the pronouncing
thereof, as is prescribed or as is fixed by the court in any suit.

(2) During that period any party may, in such manner
as is prescribed or as is directed by the court in any suit,
show cause why the decree nisi should not be made absolute
by reason of the same having been obtained by collusion or
by reason of material facts not being brought before the
court.

(3) At any time during the progress of the suit or before
the decree is made absolute any person may give information
to the Attorney General of any matter material to the due
decision of the case or affecting the jurisdiction of the court,
who may thereupon take such steps as he deems necessary
or expedient.

(4) If from any such information or otherwise he
suspects that any parties to the suit are or have been acting in
collusion for the purpose of obtaining a decree of dissolution
of marriage or of nullity of marriage contrary to the justice
of the case, or that material facts have not been brought
before the court, he may intervene in the suit and show cause
why the decree nisi should not be made absolute.

(5) On cause being so shown, the court shall make the
decree absolute, or reverse the decree nisi, or require further
inquiry or otherwise deal with the case as justice demands.

(6) The court may order the costs arising from such
cause being shown and from such intervention, including the
costs of the Attorney General, to be paid by the parties or
such one or more of them, including a wife if she has separate
property, as it thinks fit.

(7) Whenever a decree nisi has been made and the
petitioner fails to move within a reasonable time to have such
decree nisi made absolute, the court may dismiss the suit.

judicial Separation.

17. (1) A husband or wife may present a petiton to
the court for a judicial separation on the ground of adultery





or cruelty or desertion without reasonable excuse for two
years or upwards.

(2) The court, on being satisfied that the statements in
such petition are true and that there is no legal ground why
the application should not be granted, may decree judicial
separation accordingly.

(3) A decree of judicial separation shall have the effect
which a divorce a mensa et thoro had in England.before the
Matrimonial Causes Act, 1857, and such other legal effect as
hereinafter mentioned.

18. (1) In every case of judicial separation, as from the
date of the decree and so long as the separation continues,
any property which is acquired by or devolves upon the wife
shall not be affected by any restraint upon anticipation
attached to the enjoyment by the wife of any property under
any settlement, agreement for a settlement, will, or other
instrument; and if she dies intestate it shall devolve as if
her husband had been dead.

(2) Where, upon any such judicial separation, alimony
has been decreed or ordered to be paid to the wife and the
same is not duly paid by the husband he shall be liable for
necessaries supplied for her use.

(3) Nothing in this Ordinance shall prevent the wife
from joining, at any time during such separation, in the
exercise of any joint power given to herself and her husband.

19. (1) Any husband or wife, upon the application of
whose wife or husband, as the case may be, a decree of
judicial separation has been pronounced, may, at any time
thereafter, present a petition to the court praying for a
reversal of such decree on the ground that it was obtained
in his or her absence and that there was reasonable excuse
for the alleged desertion where desertion was the ground of
such decree.

(2) The court may, on being satisfied of the truth of the
allegations of such petition, reverse the decree accordingly.





Restitution of Conjugal Rights.

20. (1) When either the husband or the wife has
without reasonable excuse withdrawn from the society of the
other, either wife or husband may apply by petition to the
court for restitution of conjugal rights.

(2) The court, on being satisfied of the truth of the
statements made in such petition and that there is no legal
ground why the application should not be granted, may
decree restitution of conjugal rights accordingly.

21. Nothing shall be pleaded in answer to a petition for
restitution of conjugal rights which would not be a ground
for a suit for judicial separation.

22. (1) A decree of restitution 'Of conjugal rights shall
not be enforced by attachment.

(2) Where the application is by the wife the court may,
at the time of making such decree or at any time afterwards,
order that, in the event of such decree not being complied
with within any time in that behalf limited by the court, the
respondent shall maize to the petitioner such periodical
payments as are just.

(3) The court may, if it thinks fit, order that the
husband shall, to the satisfaction of the court, secure to the
wife such periodical payments, and for that purpose may
refer the matter to the Registrar or to some counsel and
solicitor to settle and approve of a proper deed or instrument
to be executed by all necessary parties.

23. Where the application for restitution of conjugal
rights is by the husband, if it is made to appear to the court
that the wife is entitled to any property, either in possession
or reversion, or is in receipt of an), profits of trade or
earnings, the court may, if it thinks fit, order a settlement to
be made to the satisfaction of the court of such property or
any part thereof for the benefit of the petitioner and of the
children of the marriage or either or any of them, or may
order such part as the court thinks reasonable of such profits
of trade or earnings to be periodically paid by the respondent
to the petitioner for his own benefit, or to the petitioner or
any other person for the benefit of the children of the marriage
or either or any of them.





24. The court may vary or modify any order for the
periodical payment of money, either by altering the times of
payment or by increasing or diminishing the amount, or may
temporarily suspend the same as to the whole or any part of
the money so ordered to be paid, and.again revive the same
order wholly or in part, as the court thinks just.

25. If the respondent fails to comply with a decree of
the court for restitution of conjugal rights, such respondent
shall thereupon be deemed to have been guilty of desertion
without reasonable cause and a suit for judicial separation
may forthwith be instituted, and a sentence of judicial separa-
tion may be pronounced although the period of two years
has not elapsed since the failure to comply with the decree
for restitution of conjugal rights.

Damages and Costs.

26. (1) Any husband may, either in a petition for
dissolution of marriage or for judicial separation or in.a
petition to the court limited to such object only, claim
damages from any person on the ground of his having
committed adultery with the wife of such petitioner.

(2) Such petition shall be served on the alleged adulterer
and the wife, unless the court dispenses with such service or
directs some other service to be substituted.

(3) The damages to be recovered on any such petition
shall be ascertained by the court, although the respondents
or either of them may not appear.

(4) After the decision has been given the court may
direct in wilat nianner such damages shall be paid or applied.

27. (1) Whenever in any petition presented by a
husband the alleged adulterer has been made a co-respondent
and the adultery has been established, the court may order
the co-respondent to pay the whole or any part of the costs
of the proceedings.

(2) The co-respondent shall not be ordered to pay the
petitioner's costs-
(a)if the respondent was at the time of the adultery
living apart from her husband and leading the life
of a prostitute ; or





(b)if the co-respondent had not at the time of th
adultery reason to believe the respondent to be
married woman.

Alimony.

28. (1) In any suit under this Ordinance, whether it
is instituted by a husband or a wife, the wife may present a
petition for alimony pending the suit.

(2) Such petition shall be served on the husband, and
the court, on being satisfied of the truth of the statements
therein contained, may make such order on the husband for
payment to the wife of alimony pending the suit as it deems
just.

(3) Alimony pending the suit shall in no ease exceed
one-fifth of the husband's average net income for the three
years next preceding the date of the order, and shall continue,
in case of a decree for dissolution of marriage, until the
decree is made absolute.

29. (1) On any decree absolute for dissolution of
marriage or for nullity of marriage, or on any decree of
judicial separation obtained by a wife, the court may, if it
thinks fit, order that the husband shall, to the satisfaction of
the court, secure to the wife such gross sum of money or such
annual sum of money for any term not exceeding her life as,
having regard to her fortune, if any, to the ability of the
husband and to the conduct of the parties, it deems reason-
able, and for that purpose may refer the matter to the
Registrar or to some counsel and solicitor to settle and
approve of a proper deed or instrument to be executed by all
necessary parties, and the court may, if it thinks fit, suspend
the pronouncing of its decree until such deed or instrument
has been duly executed.

(2) In any such case the court may, if it thinks fit, make
an order on the husband for payment to the wife during
their joint lives of such monthly or weekly sum for her
maintenance and support as the court thinks reasonable, and
any such order may be made either in addition to or instead
of an order under subsection (I).

(3) If the husband afterwards from any cause becomes
unable to make such payments, the court may discharge or





modify the order or temporarily suspend the same as to
the whole or any part of the money so ordered to be paid,
and again revive the order wholly or in part as the court
thinks fit.

(4) Where the court has made any such order as is
mentioned in subsection (2) or (3), and the court is satisfied
that the means of the husband have increased, the court
may, if it thinks fit, increase the amount payable under the
order.

30. In all cases in which the court makes any decree
or order for alimony, it may direct the same to be paid either
to the wife herself, or to any. trustee on her behalf to be.
approved of by the court, and may impose any terms or
restrictions which to the court seem expedient, and may from
time to time appoint a new trustee if it appears to the court
expedient so to do.

Settlements.

31. (1) When a decree of dissolution of marriage or
of judicial separation on account of the adultery of the wife
is pronounced, and when the wife is entitled to any property,
the court may order such settlement as it thinks reasonable
to be made of such property, or any part thereof, for the
benefit of the husband or of the children of the marriage, or
of both.

(2) Any instrument executed pursuant to any order of
the court at the time of or after the pronouncing of a decree
of dissolution of marriage or judicial separation shall be
deemed valid notwithstanding the existence of the disability
of coverture at the time of the execution thereof.

(3) The court may direct that the whole or any part of
the damages recovered tinder section 26 shall be settled for
the benefit of the children of the marriage or as a provision
for the maintenance of the wife.

32. (1) After a decree absolute for dissolution of
marriage or for nullity of marriage, the court may inquire
into the existence of ante-nuptial or post-nuptial settlements
made on the parties whose marriage is the subject of the
decree, and may make such orders with reference to the





application of the whole or a portion of the property settled,
whether for the benefit of the husband or the wife, or of the
children, if any, of the marriage, or of both children and
parents, as to the court seems fit.
(2) The court shall not make any order for the benefit
of the parents or either of them at the expense of the children.

33. Where the court has power to direct any property
to be settled, or to vary the terms of an existing settlement,
it may-
(a) appoint trustees;
(b) order the necessary instruments to be prepared
containing such provisions as it thinks fit;
(c) order all necessary parties to execute the same;
(d) from time to time appoint new trustees; and
(e) do all such other acts as it deems necessary. for
carrying such directions into effect.

Custody of Children.

34. In any suit for dissolution of marriage, or for nullity
of marriage, or for judicial separation, or for restitution of
conjugal rights, the court may, at any stage of the proceed-
ings, or after a decree absolute has been pronounced, make
such orders as it thinks fit with respect to the custody,
maintenance and education of the minor children, the
marriage of whose parents is the subject of such suit, and
may vary or discharge the said orders, and may, if it thinks
fit, direct proceedings to be taken for placing such children
under the protection of the court.

Procedure.
35. Subject to the provisions herein, all proceedings
under this Ordinance shall be regulated by the Code of Civil
Procedure for the time being in.force.

36. The forms in the schedule with such variations as
the circumstances of each case requite, may be used for the
respective purposes mentioned in such schedule.

37. (1) Every petition shall state the facts on which
the claim is based and also all such facts as affect the
jurisdiction of the court under section 4, shall be verified by
affidavit, and may at the hearing be referred to as evidence.





(2) Petitions for dissolution of marriage, or for nullity
of marriage, or for judicial separation shall state that there
is not any collusion or connivance between the petitioner and
the respondent or between the petitioner and the co-
respondent, if any.

38. Service out of the jurisdiction of any petition under
this Ordinance may be allowed by the court and service shall
be effected, as nearly as may be, in the manner in which
service of a writ of summons is to be effected under the Code
of Civil Procedure for the time being in force.

39. (1) In suits under this Ordinance the parties and
the husbands and wives of such parties shall be competent
and compellable to give evidence.

(2) No witness whether a party to the suit or not shall
be liable to be asked or bound to answer any question tending
to show that he or she has been guilty of adultery unless such
witness has already given evidence in the same suit in dis-
proof of his or her alleged adultery.

40. The whole or any part of any proceeding under this
Ordinance may be heard, if the court thinks fit, with closed
doors.

41. The court may adjourn the hearing of any petition
under this Ordinance, and may require further evidence
thereon if it sees fit so to do.

Appeals.

42. (1) All decrees and orders made by the court in
proceedings under this Ordinance shall be enforced, and may
be appealed from, as if they were decrees or orders made by
the court in the exercise of its original civil jurisdiction.

(2) In suits for dissolution of marriage or for nullity of
marriage no respondent or co-respondent not appearing and
defending the suit on the occasion of the decree nisi being
made shall appeal against the decree being made absolute
unless the court gives leave to appeal at the time of the decree
being made absolute.





(3) No appeal from any order absolute for dissolution of
marriage, or for nullity of marriage, shall lie in favour of
any party who, having had time and opportunity to appeal
from the decree nisi, has not appealed therefrom.

(4) There shall be no appeal on the subject of costs only.

43. Subject to such rules as are made from time to time
by His Majesty in Council regarding appeals from Colonial
courts, any person may appeal to His Majesty in Council
from any decree or order under this Ordinance made by the
Full Court if the Full Court declares that the case is a fit
one for appeal.

Re-marriage.

44. When the time limited for appealing against a decree
absolute of dissolution of marriage or of nullity of marriage
has expired, and no appeal has been presented against such
decree, or when any such appeal lias been disrnissed, but not
sooner, the respective parties may marry again as if the prior
marriage had been dissolved by death.

Miscellaneous.

45. In any case in which any person is charged with
adultery with any party to a suit, or in which the court
considers, in the interest of any person not already a party
to the suit, that such person should be made a party to the
suit, the court may, if it thinks fit, allow that person to
intervene upon such terms, if any, as the court thinks just.

46. (1) It shall not be lawful to print or publish, or
cause or procure to be printed or published, in relation to
any judical proceedings for dissolution of marriage, for
nullity of marriage, for judical separation, or for restitution
of conjugal rights, any particulars other than the following-
(a)the names, addresses and occupations of the parties
and witnesses;
(b) a concise statement of the charges, defences and
countercharges in support of which evidence lias
been given;
(c) submissions on any point of law arising in the course
of the proceedings, and the decision of the court
thereon ;





(d)the summing-up of the judge and the finding of the
jury (if any) and the judgment of the court and
observations made by the judge in giving judgment.

(2) Notwithstanding anything contained in subsection
(1) it shall not be lawful to print or publish, or cause or
procure to be printed or published, in relation to any such
proceedings, any indecent matter or indecent medical, surgical
or physiological details being matter or details the publica-
tion of which would be calculated to injure public morals.

(3) Nothing in this section shall apply to the printing
of any pleading, transcript of evidence or other document
for use in connexion with any judical proceedings or the
communication thereof to persons concerned in the proceed-
ings, or to the printing or publishing of any notice or report
in pursuance of the directions of the court; or to the printing
or publishing of any matter in any separate volume or part
of any bona fide series of law reports which does not form
part of any other publication and consists solely of reports
or proceedings in courts of law, or in any publication of a
technical character bona fide intended for circulation among
members of the legal or medical professions.

(4) Any person who contravenes any of the provisions
of this section shall be liable upon summary conviction to a
fine of one thousand dollars and to imprisonment for six
months.

(5) No prosecution under this section shall be instituted
without the consent of the Attorney General.

47. No person competent to present a petition under
sections 4 and 5 shall maintain a suit for criminal conversation
with his wife. .

48. (1) The Chief justice may make rules to fix and
regulate the fees and costs payable upon all proceedings in
suits under this Ordinance, and also rules concerning the
practice and procedure under this Ordinance as he considers
expedient.

(2) Such rules may, amongst other things, vary any of
the forms in the schedule, or may add new forms thereto.





(3) A copy of such rules made by the Chief justice under
this Ordinance, certified under the hand of the Chief justice,
shall be transmitted by him to the Governor, to be laid before
the Legislative Council.

(4) No rule under this Ordinance shall come into opera-
tion until it as been approved by resolution of the Legislative
Council at some meeting thereof subsequent to the meeting
at which it was first laid upon the table.

(5) Any rule so approved shall have the same force as
though it had been enacted by this Ordinance.

(6) Unless otherwise provided by rule, the fees and costs
payable shall be similar to the fees and costs payable in the
Original jurisdiction of the Supreme Court.

[s. 36.]

SCHEDULE.

FORMS.

FORM 1.

General Heading (if Petition by Husband).

In the Supreme Court of Hong Kong.

Divorce. Between A. 13,Petitioner.
and
C. B. Respondent.
19 No. X. Y. Co-Respondent.

To the Honourable the Judges of the Supreme Court.

This day of 19

General Hcading (if Petition by Wife).

Divorce. Between C. B, Petitioner.
and
19 No. A. B. Respondent.

To the Honourable the Judges of the Supreme Court.

This day of 19





General Heading (where Court directs Respondent to be added)

Divorce. Between C. B., Petitioner.
and
A. B. Respondent.
E. F. intervening as
19 No. Respondent.
This day of 19

FoRm 2.
PETITION BY HUSBAND FOR DISSOLUTION OF MARRIAGE ON THE GROUND
OF HIS WIFE's ADULTERY (WITH DAMAGES AGAINST Co-RESPONDENT
as the case may be).

(General Heading)

The Petition of A. B. (state description of the
husband and the place of residence).

SHEWETH:

1. That the domicile of your Petitioner and of his wife the
said C. B. is within the Colony of Ilong Kong.

2. That your Petitioner was, on the day of
lawfully married to C. B., then C. D. (spinster or wid ow as the case
may be) at (the place at which the marriage was solemnized must be
described with exactness).
3. That the said marriage was a Christian marriage (or the
civil equivalent of a Christian marriage).
4. That after his said marriage your Petitioner lived and
cohabited with his said wife and that your Petitioner and his said
wife have had issue of their said marriage
children, of whom survive; that is to say
(give names and ages).
5. That on the day ofaiid on other days
between that day and the said C. B. at
in
committed adultery with X. Y.

(Or)
That during the years immediately preceding the
day of , (or as the case
may be) X. Y. frequently visited the said C. B. at
, and that, on divers occasions during the said
period at the said C. B. committed adultery
with the said X. Y.

6. That no collusion or connivance exists between your
Petitioner and his said wife, or between your Petitioner and the
said X. Y. for the purpose of obtaining a dissolution of the said
marriage or for any other purpose.





Your Petitioner therefore humbly prays that this
Honourable Court mill decree a dissolution of the
said marriage, that your Petitioner may have the
custody of his said children (and that the said X. Y.
do pay the sum of $ as damages by reason of
his having committed adultery with your Petitioner's
said wife, such damages to be paid to your Petitioner
or otherwise paid or applied as to this Honourable
Court may seem fit, or as the case may be).

(Signed) A. B.

The address for service of the Petitioner is

I, A. B., make oath and say that the statements contained in
the foregoing petition are to the best of my knowledge, information
and belief in all respects true.

(Signed) A. B.
Sworn at
the day of 19

Before me

Commissioner to administer oaths.

FORM 3.

PETITION BY A WIFE FOR DISSOLUTION or HER MARRIAGE, CONTAINING
EXAMPLES OF VARIOUS CHARGES ON WHICH SUCH A PETITION MAY
BE GROUNDED.

(General Heading)

The Petition of G. B. (state place of residence).

SHEWETH:

1. That the domicile of your Petitioner and of her husband
the said A. B. is within the Colony of Hong Kong.
2.That your Petitioner, then C. D. (spinster or widow, as the
case may be), was on the day of lawfully
married to A. B. (description), at present residing at
at (insert place of marriage as in Form 2).
3. That the said marriage was a Christian marriage (or the
civil equivalent of a Christian marriage).
4. That after her said marriage your Petitioner lived and
cohabited with her said husband and that your Petitioner and her
said husband have had issue of their said marri~ge
children, of whom survive; that is 110 say
(give names and ages).
5. That on or about theday of
at ' in the said
A. B. committed adultery with Y. Z. (or with a female whose name
is at present unknown to your Petitioner).





(Or)

That from about the month of to about the
month of the said A. B. at
lived and cohabited and habitually committed adultery with a woman
named Y. Z.

(Or)
That on the day of at
in , the said A. B. committed rape on
the person of (or committed sodomy or bestiality).

[In every case conclude with a paragraph denying collusion or
connivance, see 6 of Form 2.]

Your Petitioner therefore humbly prays that this Honourable
Court will decree her:
1. A dissolution of her said marriage.
2. The custody of her said children.
3.Such further and other relief as to this Honourable
Court may seem fit.

(Signed) C. B.

[Address and Affidavit as in Form 2.]

FORM 4.

ENTRY OF APPEARANCE.

(General Heading)

The respondent C. B. (or the co-respondent X. Y.) appears in
person (or G. H., the solicitor for C. B. the respondent or X. Y. the
co-respondent, appears for the said respondent or co-respondent).

[Here insert the address for service.]

Entered this day of.

FoRm 5.

ANSWER BY WIFE TO PETITION FOR DISSOLUTION OF MARRIAGE.
(General Heading)

The respondent C. B. in person (or by her solicitor), in answer
to the petition filed in this cause, saith-
1. That she denies that the domicile of the petitioner (or that
her domicile) is within the Colony of Hong Kong.
2. That she denies that the marriage was a Christian marriage
(or the civil equivalent of a Christian marriage).





3. That she denies that she has on divers or any occasion
committed adultery with X. Y. as alleged in the fifth paragraph
of the said petition.

Wherefore the respondent prays that this Honour-
able Court will reject the prayer of the said petition.

(Signed) C. B.

FoRm 6.

ANSWER BY WIFE TO HUSBAND'S PETITION, ALLEGING
VARIOUS DEFENCES.

(General Heading)

1. Denial as in Form 5, paragraphs 1, 2 and 3.
2. That the petitioner condoned the acts of adultery (if any)
alleged in the said petition.
3. That the petitioner has connived at the acts of adultery
(if any) alleged in the said petition.
4. That the said petition is collusive, and was presented (or
prosecuted) by agreement between the petitioner, the respondent and
the co-respondent.
5. That the petitioner has been guilty of unreasonable delay
in presenting (or prosecuting) his said petition, for whereas the said
supposed acts of adultery are alleged to have taken place on
yet the petitioner did not file his
petition until
6. That the petitioner has been guilty of such neglect (or rnis-
conduct) as has conduced to the said alleged adultery (if any)
inasmuch as (here set out the facts relied on).

The respondent therefore humbly prays that this
Honourable Court will reject the prayer of the Said
petition, and that the respondent may have such
further and other relief as to this Honourable Court
may seem fit.

(Signed) C. B.

(Paragraphs 2 to 6 of this form or any paragraphs containing
counter-charges must be verified by affidavit as follows-

I, C. B., of , the respondent in the above cause (or
the above-named respondent), make oath and say as follows-
1. That the allegations contained in paragraphs of my
answer dated the day of 19 are true to the
best of my knowledge, information and belief.

Sworn, etc.

(Signed) C. B.





FORm 7.

ANSWER BY HUSBAND TO A WIFE'S PETITION.

(General Heading)

The respondent A. B. in person (or by his solicitor), in answer
to the petition filed in this cause, saith-

1. Denial of domicile of parties and nature of the marriage as
in Form 5 with necessary variations.

2. That he denies that he has been guilty of the charges of
adultery, (or rape as the case may be) alleged against him in the
said petition, or any of them.

3. That the petitioner condoned the acts of adultery (if any)
alleged in the said petition.

4. That the petitioner has connived at the adultery (if any)
alleged in the said petition.

The respondent therefore humbly prays, etc.

Paragraphs 3 and 4 and any subsequent paragraphs containing
counter-charges must be verified by affidavit. See Form 6.

FORM 8.

ANSWER BY CO-RESPONDENT.

(General Heading)

X. Y., the co-respondent, in answer to the petition filed in this
cause, saith-

1. Denial of domicile of parties and nature of the marriage as
in ForM 5 with necessary variations.

2. That he denies that he committed adultery with the said
C. B, as alleged in the said petition.

(Allege any countercharges as in Form 6, and add as a final
paragraph)-

That at the time when the co-respondent committed the acts
of adultery (if any) alleged in the said petition he did not know
that the respondent was a married woman.

Wherefore the said X. Y. prays that this Honour-
able Court will reject the prayer of the said
petitioner and order him to pay the costs of and
incidental to the said petition.

(Signed.)

(All countercharges and final paragraph must be verified by
affidavit See Form 6.)





FoRm 9.

REPLY To FoRm 7.

(General Heading)

The petitioner C. B. in person (or by his solicitor) says-

1. That she denies that she condoned the acts of cruelty as
alleged in the third paragraph of the statement in answer of the
respondent.
2. That even if she had condoned the said adultery or cruelty,
the same lias been revived by the subsequent adultery with Y. Z.
(or as the case may be) as set forth in the fifth paragraph of the
petition herein.

(Signed) C. B.

FORM 10.

PETITIONS FOR NULLITY ON VARIOUS GROUNDS.

(General Heading)

The petition of C. D., otherwise called C. B. (give place of
residence),

SHEWETH:

1. That on the day of at in the
Colony of llong Kong a ceremony of marriage took place between
your petitioner then a spinster (or widow as the case may be) and
A. B. of (give place of residence). The said marriage purported to
be a Christian marriage (or the civil equivalent of a Christian
marriage).
2. That from the said day of until the month
of your petitioner lived and cohabited with the said
A. B. at divers places.
3. That the marriage was invalid by the law of the said Colony,
for the following reasons (state reasons).
4, That the said C. D. is the niece of the said A. B., being
Ilic natural and lawful daughter of his half-sister S. D., formerly
S. B., spinster.
5. That the said A. B. was at the time of the said ceremony
of marriage and has ever since been and still is wholly unable to
consummate the said marriage by reason of the malformation, or
frigidity and impotence of his parts of generation, or hysteria or
from some other physical cause the exact nature of which is to
your petitioner at present unknown.
6. That the said malformation, frigidity, impotence or other
physical cause afTecting the parts of generation of the said A. B.
is wholly incurable by art or skill and will so appear upon inspec-
tion.
7. That. the said A. B. has never consummated the said
pretended marriage.





8. That on the said day of, when the said
ceremony of marriage took place between your petitioner and the
said A. B., the said A. B. was and for some time prior thereto
had been of unsound mind and incapable of contracting marriage.
9. That the performance of the said ceremony of marriage
was procured by the fraud and contrivance of the said A. B.

10. That prior to the said day of , when
the said ceremony of marriage too place between your petitioner and
the said A. B., that is to say on the day of
at , the said A. B. was lawfully married to R. B.,
then R. S., spinster (or widow as the case may be) of (give place of
residence) and that when the said ceremony of marriage took place
between your petitioner and the said A. B., the said R. B., the wife
of the said A. B., was still living.
11. That there is no collusion or connivance between her and
the said A. B. with respect to the subject of this suit.

Your Petitioner therefore humbly prays that this
Honourable Court will declare that the said marriage
is null and void, and that your Petitioner may have
such further and other relief as to this Honourable
Court may seem fit.

(Signed) C. B.

(Affidavit as in Form 2).

FORM 11.

ANSWERS TO PETITIONS FOR NULLITY.

(General Heading as in Form 9.)

The respondent A. B., in person (or by his solicitor), in answer
to the petition filed in this. cause, saith-

1. Denial that the ceremony of marriage took place in the
Colony and denial that it purported to be a Christian marn . age (or
the civil equivalent of a Christian marriage).
2. That on the day of at the said
marriage took place, and it was a valid marriage.
3. That he denies that the said C. D. is related to him as alleged
(state facts disproving the alleged relationsitip).
4. That he denies each and every one of the allegations
contained in paragraphs 5, 6 and 9 of the said petition.
5. That the petitioner did consummate the said marriage and
that the respondent was at the time of the said marriage, and
thence hitherto hath been and still is, apt for coition, as will appear
on inspection.
6. That. the respondent always has been, and still is, willing
to consummate the said marriage, but has been hitherto prevented
from doing so by reason of the malformation, etc., of the petitioner.





7. That he denies that on the day of or at
any time prior thereto he was of unsound mind or incapable of
contracting marriage.

8. That he denies that he was on the day of
or at any other time lawfully married to R. S., as alleged in the
said petition.

Your petitioner therefore humbly prays, etc.

FORM 12.

PETITION BY WIFE FOR JUDICAL SEPARATION ON THE GROUND OF
HUSBAND's ADULTERY.

(General Heading)

The petition of G. B., of the wife of A. B.,
residing at
SHEWETH:

1. That your petitioner and the said A. B. are in the Colony of
Hong Kong.
2. That on the day of your petitioner,
then C. D. (spinster, or widow as the case may be) was lawfully
married to A. B. at in
The said marriage was a Christian marriage (or the civil equivalent
of a Christian marriage).
3. That after her said marriage your petitioner cohabited with
the said A. B. at and at . and that your
petitioner and her said husband have issue living of their said
marriage children (give names and ages).
4. That on divers occasions in or about the months of
the said A. B. at committed adultery with
E. F, who was then living in the service of the said A. B. and
your petitioner at their said residence aforesaid.
5. That on divers occasions in the months of
the said A. B. at aforesaid committed adultery with
a emale whose name the petitioner believes to be R. S. (or
cohabited and habitually committed adultery with G. H.).
6. That no collusion or connivance exists between your peti-
tioner and the said A. B. with respect to the subject of the present
suit.
Your petitioner therefore humbly prays that this
Honourable Court will decree a judicial separation
to your petitioner from her said husband by reason
of his aforesaid adultery, and that she may have
the custody of her said children, together with such
other and further relief in the premises as to this
Honourable Court may seem fit.

(Signed) C. B.

(Affidavit as in Form 2).





FoRm 13.

ANSWER TO WIFE'S PETITION FOR JUDICIAL SEPARATION ON
GROUND OF HUSBAND's ADULTERY.

(General Heading)

The respondent A. B. in person (or by his solicitor), in answer
to the petition filed in this cause, saith-

1. Denial that either party, or both parties, were in the Colony
at the time of the Commencement of the proceedings and denial that
the marriage was a Christian marriage (or the civil equivalent of a
Christian marriage).

2. That he denies that he committed adultery with E. F., as
in the fourth paragraph of the petition alleged.

3. That the petitioner condoned the said adultery with E. F.,
(if any).

4. That he denies that he committed adultery with R. S. (or
with G. H.) as in the fifth paragraph of the petition alleged.

5. That the petitioner condoned the said adultery with R. S., if
any (or as the case may be).

Wherefore the respondent prays that this Honour-
able Court will reject the prayer of the said petition.

(Signed) A. B.

(Affidavit as in Form 6).

FORM 14.

REPLY To FORM 13.

(General Heading)

The petitioner C. B. in person (or by her solicitor) says-

1. That she denies that she condoned the said adultery of the
respondent with E. F., as in the third paragraph of the statement
in answer alleged.

2. That even if she had condoned the said adultery, the same
has been revived by the subsequent adultery with R. S. (or G. H.
as the case may be) as set forth in the fifth paragraph of the petition.

(Signed) C. B.





FORM 15.

PETITION BY WIFE FOR JUDICIAL SEPARATION ON GROUND OF

HUSBAND'S CRUELTY.

(General Heading)

The petition of C. B. (wife of A. B.) residing at

SHEWETH:

1. (As in paragraph 1 of Form 12.)

2. That on the day of your petitioner,
then C. D. spinster (or widow), was lawfully married to A. B. at

The said marriage was a Christian marriage (or the civil equivalen~
of a Christian marriage).

3. That from her said marriage your petitioner lived and
cohabited with her said husband at until the
day of ' when your petitioner separated
from her said husband as hereinafter more particularly mentioned,
and that your petitioner and her said husband have had no issue
of their said marriage.

4. That from and shortly after your petitioner's said marriage
the said A. B. habitually conducted himself towards your petitioner
with great harshness and cruelty, frequently abusing her in the
coarsest and most insulting language, and beating her with his fists,
with a cane, or with some other weapon.

5. That on an evening in or about the month of
the said A. B. in the highway and opposite to the house in which
your petitioner and the said A. B. were then residing at
aforesaid, endeavoured to knock your petitioner down, and
was prevented from so doing only by the interference of F. D.,
your petitioner's brother.

6. That subsequently on the same evening the said A. R.
in his said house ataforesaid, struck your
petitioner with his clenched fist a violent blow on her face.

7. That on one Saturday night inthe month of
the said A. B. inwithout provocation, threw
a knife at your petitionef, thereby inflicting a severe wound on her
right hand.

8. That on the afternoon of the day of
your petitioner, by reason of the great and continued cruelty
practised towards her by her said husband, with assistance withdrew
from the house of her said husband to the house of her father
at that from and after the said
day of your petitioner hath lived
separate and apart from her said husband, and hath never returned
ro his house or to cohabitation with him.

9. That there is no collusion or connivance between your
petitioner and her said husband with respect to the subject to the
present suit.





Your petitioner therefore humbly pray
Honourable Court will decree a judicial
between your petitioner and the said
also order that the said A. B. do pa3
of and incidental to these proceedings.

(Signed) C.

[Affidavit as in Form 2.]

FoRm 16.

ANSWER TO WIFE'S PETITION FOR JUDICIAL SEPARATION ON
GROUND OF HUSBAND'S CRUELTY.

(General Heading)

A. B., the respondent, in answer to the petition filed in this
cause, by his solicitor, saith-

1. Denial as in Form 13.

2. That he denies that he has been guilty of cruelty towards
the said C. B., as alleged in the said petition.

(Signed) A. B.

FORM 17.

PETITION FOR REVERSAL OF DECREE OF JUDICIAL SEPARATION.

(General Heading)

The petition of A. B. of in

SHEWETH:

1.That your petitioner was on the day of
lawfully married to at .

The said marriage was a Christian marriage (or the civil equivalent
of a Christian marriage).

2. That on the day of this Honourable
Court at the petition ofin a cause then depending
in this Court, entitled A. B. against C. B., pronounced a decree
affecting the petitioner to the effect following; to wit-

(Here set out the decree.)

3. That such decree was obtained in the absence of your
petitioner, who was then residing at
(State facts tending to show that the petitioner did not know of the
proceedings; and further, that, had he known, he might have offered
a sufficient defence.)





(Or)

That there was reasonable ground for your petitioner leaving
his said wife, for that his said wife
(Here state any legal grounds justifying the petitioner's separation
from his wife.)

Your petitioner therefore humbly prays that this
Honourable Court will reverse the said decree.

(Signed) A. B.

[Affidavit as in Form 2.]

FORM 18.

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS.

(General Heading)

The petition of C. B. of in

SHEWETH:

1. (As in paragraph 1 of Form 12).

2. That your petitioner was on the day of
lawfully married to A. B. at in

The said marriage was a Christian marriage (or the civil equivalent
of a Christian marriage).

3. That after her said marriage your petitioner lived and
cohabited with the said A. B. at divers places and at

4. That the said A. B. did, on the day
withdraw from cohabitation with your Petitioner, and has kept and
continued away frorn her without any just cause whatsoever, and
from that date hitherto has refused and still refuses to render her
conjugal rights.

Your petitioner therefore humbly prays that this
Honourable Court will be pleased to decree her:

1. Restitution of conjugal rights.
2. The costs of and incidental to this petition.
3. Such further and other relief as to this
Honourable Court may seem fit.

(Signed) C. B.

[Affidavit as in Form 2.]





FORM 19.
ANSWER TO SUIT FOR RESTITUTION OF CONJUGAL RIGHTS.

(General Heading)
1. Denial as in Form 13.
2. That he denies that he has without any just cause refused
or still refuses to permit the petitioner to live and cohabit with
him or to render her conjugal rights.

(Or)
That by reason of the circumstances, hereinafter set forth, the
respondent had and still has reasonable cause for refusing to permit
the petitioner to live and cohabit with him, and for refusing to
render her conjugal rights.
(Proceed to countercharge adultery, cruelty, or desertion, or any
other misconduct of which ihe petitioner may have been guilty, and
conclude with prayer for rejection of Petition and for the relief asked
for, as 'judicial separation,' 'custody of children,' etc.
If the respondent desires to allege nullity it should be done, and
relief prayed in one of the Forms of Petition for Nullity of Marriage.
Verify all countercharges by affidavit, and state that there is no
collusion or connivance between the parties.)

FORm 20.
PETITION FOR ALIMONY PENDING THE SUIT OR PERMANENT ALIMONY.
(General Heading)
The Petition of C. B., the lawful wife of A. B.

SHEWETH:

1. That the said A. B. has for some years carried on the
business of , at , and from such business
derives the net annual income of from $
to
2.That the said A. B. is possessed of plate, furniture, linen,
and other effects at his said house,aforesaid, all of
which he acquired in right of your petitioner as his wife, or purchased
with money he acquired through her, of the value of $
3. That the said A. B. is entitled, under the will of his father,
subject to the life interest of his mother therein, to property of the
value of $ or some other considerable amount (a).

(In the same manner state particulars of any other property
which the husband may possess.)
Your petitioner therefore prays that this Honour-
able Court will decree such sum or sums of money
by way of alimony, pending the suit (or permanent
alimony as the case may be) as to this Honourable
Court may seem fit.
(Signed) C. B.
[Affidavit as in Form 2.]





FORm 21..

ANSWER TO PETITION FOR ALIMONY.

(General Heading)

I, A. B. of the above-named respondent, in
answer to the Petition for alimony, pending the suit of C. B. make
oath and say as follows-

1.In answer to the first paragraph of the said petition, I say
that I have for the last years carried on the business
of , at , and that, from
such business, I have derived a net annual income of $
but not less than $

2. In answer to the second paragraph of the said petition, 1
say that I am possessed of plate, furniture, linen and other chattels
and effects at my said house aforesaid, of the value of
$ , but as I verily believe of no larger value. And I say
that a portion of the said plate, furniture and other chattels and
effects of the value of $, belonged to my said wife before
our marriage, but the remaining portions thereof I have since pur-
chased with my own moneys. And I say that, save as hereinbefoTe
set forth, I am not possessed of the plate and other effects as alleged
in the said paragraph in the said petition, and that I did not acquire
the same as in the said petition also mentioned.

3. I admit that I am entitled under the will of my father,
subject to the life interest of my mother therein, to property of the
value of $ , that is to say, I shall be entitled under my said
father's will, upon the death of my mother, to a legacy of $ ,
out of which I shall have to pay my father's executors the sum of
$ , the amount of a debt owing by me to his estate, and
upon which debt I am now paying interest at the rate of five
per cent per annum.

4. And, in further answer to the said petition, I say that I
have no income whatever, except that derived from my aforesaid
business, that such income, since my said wife left me, which she
did on the day of last, has been considerably
diminished, and that such diminution is likely to continue. And I
say that out of my said income I have to pay the annual sum of
$ for such interest as aforesaid to my late father's executors
and also to support myself and my two eldest children.

5. And, in further answer to the said petition, I say that, when
my wife left my dwelling-house on the day of
last. she took with her, and has ever since withheld and still with-
holds from me, plate, watches, and other effects in the second para-
graph of this my answer mentioned, of the value of, as I verily
believe, $ at the least; and I also say that, within five days
of her departure from my house as aforesaid, my said wife received
bills due to me from certain lodgers of mine, amounting in the
aggregate to $ , and that she has ever since withheld and
still withholds from me the same sum.

Sworn, etc.





FORm 22.

PETITION FOR VARIATION OF SETTLEMENTS.
(General Heading)

The Petition of C. B., the lawful wife of A. B.

SilEWETH:

1. That on the day of this Honourable
Court pronounced a decree misi for the dissolution of the marriage
of your petitioner witE the said A. B.
(If the petition is filed after a decree of nullity of marriage the
above must be altered accordingly).

2. That by an ante-nuptial (or post-nuptial) settlement bearing
date the day of , a copy whereof is hereto
annexed, it was witnessed that certain trustees therein named should
stand posseseel of (here set out particulars of the settled property)
upon trust, during the joint lives of the petitioner and the respon-
dent, to pay two-thirds of the interest, dividends, etc., to the
petitioner or to such persons as she should direct for her separate
use, and the remaining one-third of the interest, dividends, etc., to
the respondent for his own use and benefit; and from and after the
decease of either of them to pay the whole of the interest, dividends,
etc., to the survivor daring his or her life; and from or after the
decease of the survivor upon trust, for all or any of the children of
the said marriage, according to the joint appointment of the petitioner
and respondent, or the appoIntment of the survivor, or in default of
appointment, for all tte children of the said marriage who being a
son or sons should attain twenty-one, or being a daughter or
daughters should attain that age or be married with the consent of
their parents or guardians, with an ultimate trust, on failure of
children for the petitioner, if she should survive the respondent, but
if not, then for such persons as she should by will appoint; and in
default of such appointment, in trust for such persons as would be
entitled to her moveable property if she had died intestate and had
survived the respondent. .

(The deed of settlement need not be filed).

3. That there are children of the marriage as set
forth in paragraphof the petition filed in this suit, to which
your petitioner craves leave to refer.

4. That all the said trust funds mentioned in the said settle-
ment were the sole prepeity of your petitioner.

5. That the respondent has never given to nor settled upon the
petitioner any property.

Wherefore your petitioner humbly prays: -That
this Honourable Court will be pleased to decree that
the said settlement may be varied by (here set out
gwartn4er in which it is desired that the settlement
should be varied), or in such other manner as to this
Honourable Court may seem meet, and that your
petitioner rnay have such further'and other relief
in tte premises as is meet.

(Signed) C. B.





FORM 23.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR DECREE ABSOLUTE.

(General Heading)

I, L. M. of , for A. B., the petitioner in this cause,
make oath and say that on the day of .
I carefully searched the books kept in the Registry of this Court for
the purpose of entering appearances, from and including the
day of, the day of the date of the decree nisi made
in this cause, to the day of, and that during
such period no appearance has been entered in the said book by
the Attorney General, or by or on behalf of any other person or
persons whomsoever: And I further make oath and say, that I have
also carefully searched the books kept in the said Registry for.enter-
ing the minutes of proceedings had in this cause from and. including
the said day of ,to the day of
and that no leave has been obtained by the Attorney General, or by
any other person or persons whomsoever, to intervene in this cause,
and that no affidavit or affidavits, instruments, or other documents
whatsoever has been filed in this cause by the Attorney General
or any other person whomsoever during such period, or at any other
period during the dependence of this cause, in opposition to the said
decree nisi being made absolute.

(Signed) L. M.

Sworn at

this day of

Before me,

Commissioner to administer oaths.
35 of 1932. 9 of 1933. 10 of 1936. Short title. Interpretation. Principles of law to be applied. Extent of power to grant relief. [s. 4 cont.] 9 of 1933, s.2. Grounds for divorce. Contents of petition. Adulterer to be made a corespondent. Scope of inquiry by the court. Absence of collusion or condonation. Dismissal of petition. When petition shall be granted. Condonation of adultery. Grant of relief to respondent, if petition opposed. [s. 11 cont.] Petition for nullity of marriage. Ground of decree. Decree of nullity. Children of annulled marriage. When decree nisi to be made absolute. Grounds for judicial separation. [s. 17 cont.] 9 of 1933, s.3. (20 and 21 Vict. C. 85.). Property of wife after judicial separation. 10 of 1936, Schedule. Decree of judicial separation obtained during the absence of husband or wife may be reversed. Petition for restitution of conjugal rights. Answer to petition. Periodical payments in lieu of attachment. Settlement of wife's property. Power to vary orders. Non-compliance with decree deemed to be desertion. Husband may claim damages from adulterer. Costs against corespondent. Proviso. Alimony pendente lite. Permanent alimony. Power to order monthly or weekly payments. Discharge or alteration of order for alimony. [s. 29 cont.] How to increase alimony. Court may direct payment of alimony to wife or to her trustee. Settlement of the wife's property. Inquiry into existence of ante-nuptial or post-nuptial settlements. Powers of the court as to settlements. Custody of children. Procedure. (Cap. 4, rules). Forms in schedule. Contents of petition. [s. 37 cont.] Service of petition. 9 of 1933, s. 4. (Cap. 4, rules.) Evidence. Sittings in camera. Adjournment. Enforcement of orders. Appeals. Appeal to King in council. Liberty to parties to re-marry. Power to allow intervention on terms. Restriction on publication of reports of matrimonial proceedings. 16 & 17 Geo. 5, c. 61, s. 1. [s. 46 cont.] Suits for criminal conversation abolished. Power to make rules. Rules to be laid before Legislative Council. Bringing rules into operation. Charge or adultery. Charge or rape, etc. Condonation. Connivance. Collusion. Unreasonable delay. Neglect or misconduct. Denial. Condonation. Connivance. Denial of knowledge that respondent was a married woman. (a) The petitioner should state her husband's income as accurately as possible.

35 of 1932. 9 of 1933. 10 of 1936. Short title. Interpretation. Principles of law to be applied. Extent of power to grant relief. [s. 4 cont.] 9 of 1933, s.2. Grounds for divorce. Contents of petition. Adulterer to be made a corespondent. Scope of inquiry by the court. Absence of collusion or condonation. Dismissal of petition. When petition shall be granted. Condonation of adultery. Grant of relief to respondent, if petition opposed. [s. 11 cont.] Petition for nullity of marriage. Ground of decree. Decree of nullity. Children of annulled marriage. When decree nisi to be made absolute. Grounds for judicial separation. [s. 17 cont.] 9 of 1933, s.3. (20 and 21 Vict. C. 85.). Property of wife after judicial separation. 10 of 1936, Schedule. Decree of judicial separation obtained during the absence of husband or wife may be reversed. Petition for restitution of conjugal rights. Answer to petition. Periodical payments in lieu of attachment. Settlement of wife's property. Power to vary orders. Non-compliance with decree deemed to be desertion. Husband may claim damages from adulterer. Costs against corespondent. Proviso. Alimony pendente lite. Permanent alimony. Power to order monthly or weekly payments. Discharge or alteration of order for alimony. [s. 29 cont.] How to increase alimony. Court may direct payment of alimony to wife or to her trustee. Settlement of the wife's property. Inquiry into existence of ante-nuptial or post-nuptial settlements. Powers of the court as to settlements. Custody of children. Procedure. (Cap. 4, rules). Forms in schedule. Contents of petition. [s. 37 cont.] Service of petition. 9 of 1933, s. 4. (Cap. 4, rules.) Evidence. Sittings in camera. Adjournment. Enforcement of orders. Appeals. Appeal to King in council. Liberty to parties to re-marry. Power to allow intervention on terms. Restriction on publication of reports of matrimonial proceedings. 16 & 17 Geo. 5, c. 61, s. 1. [s. 46 cont.] Suits for criminal conversation abolished. Power to make rules. Rules to be laid before Legislative Council. Bringing rules into operation. Charge or adultery. Charge or rape, etc. Condonation. Connivance. Collusion. Unreasonable delay. Neglect or misconduct. Denial. Condonation. Connivance. Denial of knowledge that respondent was a married woman. (a) The petitioner should state her husband's income as accurately as possible.

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