PART I PETITION. NOTICE TO APPEAR AND AFFIDAVIT VERIFYING PETITION

3.-(1) Proceedings in any matrimonial cause shall be commenced by filing a petition. (Forms of petition in proceedings for dissolution of marriage are given in Appendix A hereto.)

(2) In the body of the petition shall be stated :-

(a) The place and date of the marriage and the name and status of the wife before the marriage;

(b) the principal permanent addresses where the parties have cohabited within the jurisdiction;

(e) whether there is living issue of the marriage and, if so, the names and dates of birth or ages, of such issue;

(d) the occupation of the husband and the place or places of residence and of domicile of the parties to the marriage at the date of the institution of the suit;

(e) whether there have been in the Supreme Court any and, i so, what previous proceedings with reference to the marriage or on behalf of either of the parties to the marriage, and the result of such proceedings;

(f) the matrimonial offences charged set out in separate paragraphs;

(g) Where adultery is alleged, whether the petitioner has in any way been accessory to or connived at or condoned the adultery, and, where cruelty is alleged, whether the patitioner has condoned the cruelty;

(h) Whether (except in the case of a petition for restitution of conjugal rights) the petition is presented or prosecuted in collusion with the respondent or any of the co-respondents.

(3) (a) The petition shall conclude with a prayer setting out particulars of the relief claimed, including the amount of any claim for damages, any claim for costs, and, in appropriate cases, a prayer that the Court will exercise its discretion to grant a decree nisi notwithstanding the adultery of the petitioner during the marriage.

The, prayer may also include a claim for-

(i) custody of the children of the marriage;

(ii) alimony pending suit;

(iii) maintenance of the children;

(iv) maintenance; or

(v) a secured provision.

(b) Every petition shall, if settled by an advocate, be signed by him. If not settled by an advocate, it shall be signed by the petitioner.

(4) A petition for restitution of conjugal rights shall further state sufficient facts to satisfy the Chief Registrar that a written demand for cohabitation and restitution of conjugal rights has been made by the petitioner upon the party to be served, and that after a reasonable opportunity for compliance therewith, such cohabitation and restitution of conjugal rights have been withheld.

4. The petition and every copy to be served shall be indorsed in conspicuous characters with a notice to appear in form 3 set out in Appendix A hereto.

5.-(1) Every petition shall be accompanied by an affidavit made by the petitioner, verifying the facts of which he or she has personal knowledge and deposing as to belief in the truth of the other facts alleged in the petition and such affidavit shall be filed with the petition. A form of affidavit is given as form 4 in Appendix A.

(2) There the petition’ contains an allegation of desertion without cause for a period of at least three years immediately preceding the presentation of the petition, this Rule shall be deemed to be complied with if the affidavit is sworn not more than fourteen days before the petition is filed, or such longer time as may be allowed by a Judge, having regard to the circumstances of the case.