36. Application for order of presumption of death
Feedback & supportLast amended by an amending law of 2018.
An application by any person for an order that his spouse be presumed dead under section 54 of the Act shall be made ex parte in Form 45 supported by an affidavit made by the applicant.
At the hearing of an application under paragraph (1), the Court may —
give such directions as it thinks fit as to the service of the application on any person who may have an interest in or who may assist the Court in the matter;
require further evidence to be adduced either by way of oral testimony or by further affidavit; or
proceed to hear the application.
The certificate of presumption of death issued by the Court under section 54 of the Act shall be in Form 46.
Subregulation 1
An application by any person for an order that his spouse be presumed dead under section 54 of the Act shall be made ex parte in Form 45 supported by an affidavit made by the applicant.
Subregulation 2
At the hearing of an application under paragraph (1), the Court may —
give such directions as it thinks fit as to the service of the application on any person who may have an interest in or who may assist the Court in the matter;
require further evidence to be adduced either by way of oral testimony or by further affidavit; or
proceed to hear the application.
Subregulation 3
The certificate of presumption of death issued by the Court under section 54 of the Act shall be in Form 46.