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In forceAmended2001 Revised Edition

8F. Application under section 46A(4) of Act to be allowed to make cross-application for divorce

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Amended

Last amended by an amending law of 2018.

(1)

An application by a prescribed party under section 46A(4) of the Act to be allowed to make a cross-application in proceedings for a divorce in accordance with the Muslim law must be made by summons in those proceedings.

(2)

The applicant must file the summons together with a supporting affidavit —

(a)

stating whether the applicant was informed, or was aware, that the applicant was required to attend the applicable prescribed activity;

(b)

stating the applicant’s reasons for not attending the applicable prescribed activity;

(c)

exhibiting a copy of each document relied on in support of the application; and

(d)

if the summons is filed more than 2 months after the originating summons in the proceedings was served on the applicant, stating the applicant’s reason for not filing the summons within those 2 months.

(3)

Unless the Court otherwise directs, the summons and the supporting affidavit must be served on the plaintiff in the proceedings mentioned in paragraph (1) at least 7 days before the date of the first pre-trial conference or first hearing (whichever is earlier) in those proceedings.

(4)

The Court may allow the applicant to make a cross-application in the proceedings mentioned in paragraph (1) on such terms as the Court thinks fit.

Subregulation 1

An application by a prescribed party under section 46A(4) of the Act to be allowed to make a cross-application in proceedings for a divorce in accordance with the Muslim law must be made by summons in those proceedings.

Subregulation 2

The applicant must file the summons together with a supporting affidavit —

(a)

stating whether the applicant was informed, or was aware, that the applicant was required to attend the applicable prescribed activity;

(b)

stating the applicant’s reasons for not attending the applicable prescribed activity;

(c)

exhibiting a copy of each document relied on in support of the application; and

(d)

if the summons is filed more than 2 months after the originating summons in the proceedings was served on the applicant, stating the applicant’s reason for not filing the summons within those 2 months.

Subregulation 3

Unless the Court otherwise directs, the summons and the supporting affidavit must be served on the plaintiff in the proceedings mentioned in paragraph (1) at least 7 days before the date of the first pre-trial conference or first hearing (whichever is earlier) in those proceedings.

Subregulation 4

The Court may allow the applicant to make a cross-application in the proceedings mentioned in paragraph (1) on such terms as the Court thinks fit.

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