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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

  

ORDER 32

MATRIMONIAL APPLICATION

Jurisdiction

1. (1) The Court in the exercise of its matrimonial jurisdiction under section 47(1)(f) of the Courts Act, 1993 (Act 459) as amended may deal with

  (a) divorce,

 (b) paternity,

(c) custody of children, and

(d) other matrimonial causes

(2) The Court sitting as a Family Tribunal has jurisdiction under section 47(2) of Act 459 as amended and section 35 of the Children's Act, 1998 (Act 560) to entertain matters of

(a) Parentage,

(b) Custody,

(c) Access, and

(d) Maintenance.

(3) The Court sitting as a Family Tribunal has jurisdiction under section 65 of Act 560 to entertain an application for adoption.

Process

2. (1) Proceedings for divorce, maintenance, child custody and paternity shall be commenced by filing the appropriate form as stated in these Rules or specified in the Second Schedule to these rules.

(2) A defendant who wishes to be heard in anyone of these causes shall also file the appropriate form within fourteen days from the date of service of the plaintiff's form.

(3) The proceeding in the Family Tribunal shall be conducted in chambers but these Rules shall generally be applied.

(4) Proceedings for adoption may be commenced by using the appropriate forms as set out in the Adoption Rules, 2003 (Cl. 42)

(5) Every form shall be accompanied by an affidavit sworn to by the plaintiff verifying the facts stated in the form.

(6) The affidavit shall state that to the best of the knowledge and Belief of the plaintiff the fact stated in the forms are true


 

Procedure Generally

3. Subject to these Rules the procedure in divorce and other causes shall be the same as in other actions.

Setting down action for trial

4. (1) The Registrar of the Court shall wIthin fourteen days after the plaintiff's forms have been served on the defendant,

(a) set the action down for trial if the defendant has not flied the appropriate form, and

(b) notify the plaintiff of the hearing date.

(2) On the filing of defendant's form, the Registrar shall set the action down for trial within fourteen days after the service of the defendant's form on the plaintiff and notify the parties of the hearing date.

Orders

5. (1) At the end of the hearing the Court may generally make the order prayed for by either party but it may make any order necessary for doing justice whether the order has been asked for by the person entitled to the benefit of the order or not.

(2) Despite subrule (1), the Court shall have regard to the relevant provisions contained in the Children's Act, 1998 (Act 560) before making any order.

Enforcement of custody, access and maintenance Orders

6. (1) A person who has been ordered to give custody or access to another and who wilfully refuses to comply with the order may be cited for contempt in the High Court.

(2) Where the Court has ordered a periodic maintenance or lump sum payment for the maintenance of a chIld, the Court may, under sec­tion 51 (2) of Act 560, order that the earnings or the property of the person liable be attached.

 

 

 

 

 

 

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