ORDER 84A
PROCEEDINGS FOR DISPOSITION
OR DIVISION OF PROPERTY ON
DIVORCE PURSUANT TO SECTION 17A (2) (c)
OF THE SUPREME COURT OF
JUDICATURE ACT
OR DIVISION OF PROPERTY ON
DIVORCE PURSUANT TO SECTION 17A (2) (c)
OF THE SUPREME COURT OF
JUDICATURE ACT
1.
—(1) This Order applies to proceedings for the disposition or division of property on divorce commenced in the High Court pursuant to section 17A(2)(c) of the Supreme Court of Judicature Act (Chapter 322), subject to the following Rules of this Order.
(2) In this Order —
“Act” means the Supreme Court of Judicature Act;
“property” means matrimonial assets as defined in section 112(10) of the Women’s Charter (Chapter 353);
“Syariah Court certificate of attendance” means the certificate of attendance issued by the Syariah Court under section 35A(7) of the Administration of Muslim Law Act (Chapter 3) in the form prescribed by the Muslim Marriage and Divorce Rules (Chapter 3, R 1);
“Syariah Court commencement certificate” means the certificate of commencement issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act in the form prescribed by the Muslim Marriage and Divorce Rules.
2.
—(1) An application for the disposition or division of property on divorce pursuant to section 17A(2)(c) of the Act must be made by originating summons and must be filed together with —
(a)
a Syariah Court commencement certificate; or
(b)
the parties’ written consent to commencement of civil proceedings and the Syariah Court certificate of attendance.
(2) Order 28, Rule 3 shall not apply to an application under this Rule.
(3) The plaintiff shall file an affidavit setting out the full particulars of his property and the evidence in support of his application and the affidavit shall be filed and a copy thereof shall be served on the defendant not later than 7 days after the service of the originating summons.
(4) The defendant shall also file an affidavit setting out the full particulars of his property and the evidence that he wishes to adduce in respect of the application and the affidavit shall be filed and a copy thereof shall be served on the plaintiff not later than 2 months after being served with a copy of the affidavit by the plaintiff.
(5) No further affidavit shall be received in evidence without the leave of the court.
3. Rule 9 of the Women’s Charter (Matrimonial Proceedings) Rules shall apply, with the necessary modifications, to an application under this Order as if —
(a)
the originating summons filed under this Order were an application for divorce under Part X of the Women’s Charter (Chapter 353); and
(b)
the plaintiff and defendant in the originating summons filed under this Order were the parties to the application under Part X of the Women’s Charter.