PART XX MAINTENANCE AND PERIODICAL PAYMENTS

68.-(1) Application for maintenance or periodical payments on a decree for dissolution or nullity of marriage shall be made in a separate petition which may be filed at any time after decree nisi but not later than one calendar month after decree absolute except by leave to be applied for by summons to a Judge.

(2) Application for periodical payments may be made in like manner at any time after non-compliance with a decree of restitution of conjugal rights.

69. A certified copy of such petition under the seal of the Court shall be served on the husband or wife (as the case may be) or his or her advocate upon the record.

70. A party served with such petition may within fourteen days after service, and after entering an appearance thereto, file an Answer on oath and thereupon on the same day shall deliver a copy of such answer to the opposite party or his advocate.

71. If the answer of the husband alleges that the wife has property of her own, 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 to be applied for ex parte.

72.-(1) Upon an application for maintenance or periodical payments the pleadings when completed shall be referred to a Judge who shall investigate the averments therein contained in the presence of the parties or their advocates, and who for that purpose shall be at liberty to require any affidavits, the production of any document, and the attendance of the husband or wife for the purpose of being examined or cross-examined, and to take the oral evidence of any witnesses, and shall direct such order to issue as to the maintenance of either party to the marriage or the children of the marriage as he shall think fit.

(2) Pending the final determination of an application for maintenance or periodical payments an interim order may be made upon such terms as shall appear to a Judge to be just and without prejudice to the order to be ultimately made.

73. The provisions of rule 67 shall be observed in cases of application for increase or reduction of payments for maintenance and of periodical payments.