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Memorandum of defence and cross-application

Muslim Marriage and Divorce Rules

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—(1) A defendant who has been served with an originating summons and case statement must, if the defendant wishes to defend the originating summons, file a memorandum of defence in Form 17, 18 or 19, whichever is appropriate —(a)within 21 days after the date of service of the originating summons and case statement; or(b)where the Court has extended that period, within the extended period.(2) The defendant must, as soon as practicable after filing the memorandum of defence, send to the plaintiff or the plaintiff’s solicitor a copy of the memorandum of defence sealed with the seal of the Court.(3) Subject to paragraph (4), a defendant who has filed the memorandum of defence cannot amend the memorandum of defence, or raise any other ground of defence, without the permission of the Court.(4) Where the plaintiff has amended the plaintiff’s originating summons, or the case statement with which the originating summons is endorsed, with the agreement of the defendant under rule 9(5)(b) —(a)the defendant may, if the defendant has already served a memorandum of defence on the plaintiff, amend the memorandum of defence without the permission of the Court; and(b)the defendant must, if the defendant wishes to defend the amended originating summons, or amended case statement, file a memorandum of defence or an amended memorandum of defence, as the case may be —(i)within 21 days after the date of service of the amended originating summons or amended case statement; or(ii)where the Court has extended that period, within the extended period.(5) A defendant who wishes to make a cross-application must, unless the Court gives permission to the contrary, include the cross-application in the memorandum of defence.(6) Every cross-application must contain a statement of particulars setting out the following matters:(a)the nature of the cross-application;(b)the grounds for —(i)the cross-application; and(ii)the claims or relief sought;(c)particulars of the facts relied upon in support of the cross-application.(7) A defendant who has filed a cross-application may not amend the cross-application without the permission of the Court.(8) A defendant must, at the time of filing of the memorandum of defence or at such other time as may be specified by the Court, file the defendant’s relevant CPF statement and additional CPF information.(9) A defendant who has been served with a proposed parenting plan under rule 9B must, in any case where the Court so directs, within the time specified by the Court, or may, in any other case, on the date of filing of the memorandum of defence under this rule, file —(a)the defendant’s agreement in Form 20 to the proposed parenting plan; or(b)a proposed parenting plan in Form 21 setting out the defendant’s proposed arrangements for the welfare of every dependent child of the parties.(10) A defendant who has been served with a proposed matrimonial property plan under rule 9C must, in any case where the Court so directs, within the time specified by the Court, or may, in any other case, on the date of filing of the memorandum of defence under this rule, file —(a)the defendant’s agreement in Form 22 to the proposed matrimonial property plan, and the particulars of the HDB matrimonial asset in Form 14; or(b)a proposed matrimonial property plan in Form 23 setting out the defendant’s proposed arrangements in respect of the HDB matrimonial asset, and the particulars of the matrimonial asset in Form 14.(11) Any agreement or proposed parenting plan filed by the defendant under paragraph (9), and any agreement or proposed matrimonial property plan filed by the defendant under paragraph (10), must be sent to the plaintiff —(a)together with the defendant’s memorandum of defence; or(b)if filed after the date of filing of the memorandum of defence, within 2 working days after that agreement, proposed parenting plan or proposed matrimonial property plan (as the case may be) is filed, or within such longer period as the Court may specify.

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