The Cyprus Gazette

The Cyprus Gazette
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No. 2512.] FRIDAY, 1ST MAY, 1936. 291
No. 409. THE MATRIMONIAL CAUSES RULES, 1936.
H. R. PALMKE,
Governor.
His Excellency the Governor, with the adviee
and assistance of the Chief Justice, in exercise
of the powers vested in him by the Cyprus Courts
of Justice Orders and Laws, 1927 to (No. 2) 1935,
read together with the Courts of Justice Law, 1935,
hereby makes the following Rules, which may be
cited as the Matrimonial Causes Rules, 1936 :—
PETITION. NOTICE TO APPEAR AND AFFIDAVIT
VERIFYING PETITION.
1. Proceedings in any Matrimonial Cause shall
be commenced by filing a Petition. (Forms of
Petition in proceedings for dissolution of marriage
are given in Appendix I hereto.)
(A) In the body ofthe Petition shall be stated :—
(1) The place and date of the marriage and
the name and status of the wife before the
marriage ;
(2) The principal permanent addresses where
the parties have cohabited within the
jurisdiction ;
(3) Whether there is living issue of the
marriage and, if so, the names and dates
of birth or ages, of such issue ;
(4) The occupation of the husband and the
place or places of residence and of domicile
of the parties to the marriage at the date
of the institution of the suit;
(5) Whether there have been in the Supreme
Court any and, if so, what previous
proceedings with reference to the marriage
or on behalf of either of the parties to the
marriage, and the result of such proceedings ;
(6) The matrimonial ofifences charged set out
in separate paragraphs ;
(7) The claim for damages, if any.
(B) The Petition shall conclude with a prayer
setting out particulars of the relief claimed,
including the amount of any claim for daniages
and any order for custody of children which is
sought and shall be signed by the Petitioner, and
in the case of a minor or other person who is not
.sui juris by his or her guardian. '
(c) A Petition for Restitution of Conjugal
Rights shall further state sufficient facts to satisfy
the Chief Registrar that a written demand for
cohabitation and restitution of conjugal rights
has been made by the Petitioner upon the party
to be served, and that after a reasonable
opportunity for compliance therewith, such
cohabitation and restitution of conjugal rights
have been withheld.
2. The Petition and every copy to be served
shall be indorsed in conspicuous characters with
a Notice to Appear in Form 3 set out in
Appendix I hereto.
3.—(A) Every Petition shall be accompanied
by an affidavit made by the Petitioner, verifying
the facts of which he or she has personal knowledge
and deposing as to behef in the truth of the other
facts alleged in the petition and such affidavit shall
be filed with the Petition. A form of Affidavit
is given as Form 4 in Appendix I.
(B) In cases where the Petitioner is seeking a
decree of Nullity of Marriage or of Dissolution
of Marriage, or of Judicial Separation, or a decree
in a suit of Jactitation of Marriage, the affidavit
of the Petitioner, filed with his or her Petition shall
further state that no collusion or connivance
exists between the Petitioner and the other party
to the marriage or alleged marriage.
CO-RESPONDENTS.
4. In every Petition for dissolution of marriage
on the ground of adultery, the alleged adulterers
if male shall be made Co-respondents in the cause
and served with a sealed copy of the petition,
unless a Judge shall otherwdse direct by order on
application supported by affidavits.
5. The term " Respondent " in these rules shall
include a Co-respondent so far as the same is^
applicable.
SERVICE.
6. Every Petitioner who has filed a Petition,
shall forthwith obtain in the Registr JJ- a sealed copy
or copies of the Petition indorsed with Notice to
Appear for serviee upon the Respondent or
Respondents respectively.
ΚΥΠΡΙΑΚΗ ΔΗΜΟΚΡΑΤΙΑ