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Service of certain documents on minor or person lacking capacity

Muslim Marriage and Divorce Rules

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—(1) Where in any proceedings a document is required to be served personally on any person and that person is a minor or person lacking capacity, this rule applies.(2) Subject to this rule, the document must be served —(a)in the case of a minor who is not also a person lacking capacity, on his or her father or guardian or, if he or she has no father or guardian, on the person with whom he or she resides or in whose care he or she is; and(b)in the case of a person lacking capacity, on the person (if any) who is authorised under the Mental Capacity Act 2008 to conduct in the name of the person lacking capacity or on his or her behalf the proceedings in connection with which the document is to be served or, if there is no person so authorised, on the person with whom he or she resides or in whose care he or she is,and must be served in the manner required by these Rules with respect to the document in question.(3) Despite anything in paragraph (2), the Court may order that a document which has been, or is to be, served on the minor or person lacking capacity or on a person other than a person mentioned in that paragraph is deemed to be duly served on the minor or person lacking capacity.(4) Subject to paragraph (5), a judgment or an order requiring a person to do, or refrain from doing any act, a summons for the committal of any person, and an order to attend court issued to any person, must, if that person is a minor or person lacking capacity, be served personally on him or her unless the Court otherwise orders.(5) Paragraph (4) does not apply to an order for the discovery or production of documents.

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