PART XIX ALIMONY

60. A wife who is petitioner in a cause after filing her petition may file and after serving such petition may serve a petition for alimony pending suit, and a wife after entering appearance to a petition may file and serve a petition for alimony pending suit.

61. The husband shall within fourteen days after service of a petition for alimony file his answer thereto upon oath setting out his property and income and if respondent in the cause shall before so doing enter an appearance in the cause. Such appearance may be limited to the alimony proceedings.

62. The wife, if the husband’s answer is insufficient, may apply on summons for a further and better answer or for discovery of documents or for an order for the husband’s attendance for cross-examination, and such order shall thereupon be made as in the circumstance of the case may appear to a Judge to be required.

63. If the answer of the husband alleges that the wife has property or income, she may within fourteen days file a reply on oath to that allegation; but the husband may not file a rejoinder to such reply without the leave of a Judge obtained on ex parte application.

64. A Judge shall investigate the averments in the petition for alimony, answer and reply in the presence of the parties or their advocates, and shall be at liberty to require the attendance of either party for the purpose of being examined or cross-examined, and to take the oral evidence of witnesses, and to require the production of any document, and to call for affidavits, and shall direct such order to issue as he shall think fit.

65. A wife who has obtained a decree for judicial separation may apply for an allotment of permanent alimony. She may proceed with such application upon the pleadings already filed on her application for alimony pending suit on giving eight days’ notice to her husband or his advocate of her intention so to do. Otherwise the rules governing an application for alimony pending suit shall govern an application for permanent alimony.

66. A wife at any time after alimony has been allotted to her, whether it be alimony pending suit or permanent alimony, may file her petition supported by affidavit for an increase of the alimony allotted, by reason of the increased means of the husband or the reduction of her own means. A husband may file a petition supported by affidavit for a reduction of the alimony allotted, by reason of his reduced means or the wife’s increased means. The course of proceeding in such cases shall be the same as required by these rules in respect of the original petition for alimony and the allotment thereof.

67. Permanent alimony shall unless otherwise ordered commence from the date of the final decree.