FORM 1.
HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE.
(Rule 3.)
In the Supreme Court of Cyprus.
Matrimonial Jurisdiction.
Dated the day of, 19
The petition of A.B. (suing as a poor person-if this is the case) showeth-
(1) That your petitioner was on the day of, 19lawfully married to C.E. then C.D. spinster (or widow as the case may be) (hereinafter called the respondent) at (here copy accurately the name of the place from the marriage certificate).
(2) That after his said marriage your petitioner lived and cohabited with the said respondent at and at (at least one specific address must be given. If no address given is within the jurisdiction, state this fact) and that there is no issue of the said marriage, now living or that there is issue of the said marriage, now living children, to wit (here state names and dates of birth of the children).
(3) That your petitioner resides at (here give specific address) and is a(here state occupation) and is domiciled in Cyprus. That the said respondent resides at and is domiciled in Cyprus.
(4) That neither your petitioner nor the said respondent is a member of the Greek-Orthodox Church nor was their marriage celebrated in accordance with the rites of that church.
(5) That neither your petitioner not the said respondent is of the Moslem faith nor was their marriage contracted in accordance with the Moslem Sacred Law before the 28th day of May, 1951, nor was it, after that date, solemnized in accordance with the provisions of the Turkish Family (Marriage and Divorce) Law, 1951.
(6) That no previous proceedings with reference to the said marriage have taken place in the Supreme Court of Cyprus by or on behalf of either party to the said marriage (or set out previous proceedings, the result of same and go on to state that ‘save and except’ these there have been no other proceedings).
(7) That the said respondent has frequently committed adultery with R.S. (or with a man unknown. See however Note A infra).
(8) That on the day of, 19, at the said respondent committed adultery with R.S. (or with a man unknown. See however Note A infra).
(The following paragraph should be inserted when applicable).
(9) That on the day of, 19, the said respondent was delivered of a child named the paternity of whom is not admitted. (See, however, Note B infra as to addition to paragraph 2 necessitated by paragraph 9.)
(10) That the petitioner has not in any way been accessory to or connived at or condoned the adultery alleged therein [or, if applicable, save and except that the petitioner condoned the adultery alleged in paragraph hereof, but that such adultery was revived by (state nature of conduct relied on as reviving the condoned offence)].
(11) That this petition is not presented or prosecuted in collusion with the respondent or the said R.S.
Your petitioner, therefore, prays that this Honourable Court will be pleased to decree (or, if applicable, that this Honourable Court will exercise its discretion in his favour and decree):-
(1) That his said marriage may be dissolved.
(2) That he may have the custody of his said child/children.
(3) That the sum of ₤ be paid by the said R.S. as damages in respect of the adultery committed by him with the said respondent.
(4) That the said R.S. (and/or the respondent) do pay the petitioner’s costs of and incidental to these proceedings.
(5) That the petitioner may have such further and other relief as may be just.
(Signature of advocate or (if acting in person) petitioner).
The Petitioner’s Address for Service in Nicosia is
Here follows the Notice to Appear as given in Form 3 which in case of petition by a husband must be addressed both to the respondent and the co-respondent specifying the address in each case.
Note A.-See Rule 6 of these Rules and section 3 (2) of the Matrimonial Causes Act, 1950 (c.25).
Note B.-Where a charge is made as in paragraph 9, then in paragraph 2, after stating the issue of the marriage, the words ‘other than as set out in paragraph 9’ should be added.
FORM 2.
WIFE’S PETITION FOR DISSOLUTION OF MARRIAGE.
(Rule 3.)
In the Supreme Court of Cyprus.
Matrimonial Jurisdiction.
Dated the day of, 19
The petition of A.B. (suing as a poor person-if this is the case) showeth-
(1) That your petitioner A.B., then A.S. spinster (or widow) was on the day of,19, lawfully married to C.B. (hereinafter called the respondent) at(here copy accurately the name of the place from the marriage certificate).
(2) (As paragraph (2) in husband’s petition).
(3) That your petitioner resides at (here give specific address) and is domiciled in Cyprus. That the said respondent is a (here state occupation) and resides at (here give specific address) and is domiciled in Cyprus.
(4) That neither your petitioner nor the said respondent is a member of the Greek-Orthodox Church nor was their marriage celebrated in accordance with the rites of that church.
(5) That neither your petitioner nor the said respondent is of the Moslem faith nor was their marriage contracted in accordance with the Moslem Sacred Law before the 28th day of May, 1951, nor was it, after that date, solemnized in accordance with the provisions of the Turkish Family (Marriage and Divorce) Law, 1951.
(6) (Same as the like numbered paragraph in husband’s petition).
(7) That the said respondent has frequently committed adultery (or with W.N.).
(8) That on the day of, 19,at the said respondent committed adultery with W.N. (or with a woman unknown).
(The following paragraph may be inserted where applicable).
(9) That on the day of, 19,at the said W.N. was delivered of a child of which the respondent is the father as a result of adultery committed by the respondent with the said W.N. (It is not necessary to plead the birth of such a child unless it is essential for the proof of the petitioner’s case).
(10) That the petitioner has not in any way been accessory to or connived at or condoned the adultery alleged herein [if applicable, save and except that the petitioner condoned the adultery alleged in paragraph hereof, but that such adultery was revived by (state nature of conduct relied on as reviving the condoned offence)].
(11) That this petition is not presented or prosecuted in collusion with the respondent.
Your petitioner therefore prays that this Honourable Court will be pleased to decree (or, if applicable, that this Honourable Court will exercise its discretion in her favour and decree) :-
(1) That her marriage may be dissolved.
(2) That she may have the custody of her said child/children.
(3) That the respondent (and/or the said W.N.) do pay the petitioner’s costs of and incidental to these proceedings. (See Note A infra).
(4) That the petitioner may have such further and other relief as may be just.
(Signature of advocate or (if acting in person) petitioner).
Petitioner’s Address for Service in Nicosia is
Here follows Notice to Appear as given in Form 3.
Note A.-If it is proposed to ask for costs against the woman charged, she must be made a respondent and the prayer must contain a specific plea for costs against her. The woman’s name should form part of the title of the suit as respondent, and the copy of the petition to be served on her should be endorsed with Notice to Appear as in Form 3-in accordance with Rule 4.
FORM 3.
NOTICE TO APPEAR. (Rule 4.)
In the Supreme Court, Cyprus.
Matrimonial Jurisdiction.
To of(in case of petition by a husband add “and to of “inserting name and address of co-respondent: see also Note A to Form 2 above).
Take notice that you are required within eight days after service hereof upon you, inclusive of the day of such service to enter an appearance at the Registry of the Supreme Court, Nicosia, should you think fit to do so, and thereafter to make answer to the charges in this Petition and that in default of your so doing the Court will proceed to hear the said charges proved and pronounce judgment notwithstanding your absence.
The Petition is filed and this notice to appear is issued by of
Dated at Nicosia, the day of, 19,
Chief Registrar.
Note-Any person entering an appearance must at the same time furnish an address for service.
FORM 4.
AFFIDAVIT IN SUPPORT OF PETITION.
(OTHER THAN RESTITUTION PETITIONS.) (Rule 5.)
In the Supreme Court of Cyprus.
Matrimonial Jurisdiction.
In the matter of the petition of A.B. for a (dissolution of marriage or as the case may be).
I, A.B., of, the petitioner make oath and say as follows:-
(1) That the statements set forth in paragraphs 1, 2, 3, 4, 5, 6, 9, 10 and 11 of the said petition dated the day of, 19, are true.
(2) That the statements set forth in paragraphs 7 and 8 are true to the best of my knowledge, information and belief,
Sworn, etc.
FORM 5.
CERTIFICATE OF SERVICE OF PETITION.
(Rule 14.)
This Petition was duly served by the undersigned G.H. on the within named C.B. of at on the day of,19
(Sgd.) G.H.
FORM 6.
AFFIDAVIT OF SERVICE OF PETITION.
(Rules 16—17.)
In the Supreme Court, Cyprus.
Matrimonial Jurisdiction.
A.B. against C.B. and R.S.
I, X.Y., of make oath and say, that the Petition bearing date the day of19, filed in this Court against C.B. the Respondent (or R.S. the Co-respondent) a copy of which is hereunto annexed and marked with the letter A was duly served by me on the said C.B. (or R.S.) at on the day of, 19, by delivering to the said C.B. (or R.S.) personally a sealed copy thereof.
2. (Means of knowledge of identity to be stated here).
Sworn at on the day of, 19
Before me.