Divorce and Matrimonial Rules




Dec. 22.] THE NEW ZEALAND GAZETTE. 3329

creased faculties of the husband, or the husband may file a petition
for diminution of the alimony allotted, by reason of reduced faculties ;
and the course of proceeding in such cases shall be the same as required
by these rules and regulations in respect of the original petition for
alimony and the allotment thereof, so far as the same are applicable.
89. Permanent alimony shall, unless otherwise ordered, commence
and be computed from the date of the final decree of the Supreme
Court or of the Court of Appeal, as the case may be.
90. Alimony pending suit, and also permanent alimony, shall be
paid to the wife, or to some person or persons to be nominated in
writing by her, and approved of by the Court, or a Judge thereof, as
trustee or trustees on her behalf.

MAINTENANCE AND SETTLEMENTS.

  1. Applications to the Court to exercise the authority given by
    sections 8, 9, 41, 48, and 49 of the Act shall be made by a separate
    petition.
  2. In cases of application for maintenance under section 41, such
    petition may be filed as soon as a decree nisi has been pronounced, but
    not before.
  3. A certified copy of the petition, under seal of the Court, shall be
    personally served on the husband or wife (as the case may be) ; and on
    the person or persons who may have any legal or beneficial interest in
    the property in respect of which the application is made ; unless the
    Court, or a Judge thereof, shall direct any other mode of service, or
    dispense with service of the same on them or either of them.
  4. The husband or wife (as the case may be), and the other person
    or persons (if any) who are served with such petition, within fourteen
    days after service, may file his, her, or their answer or answers on oath
    to the said petition ; and shall on the same day deliver a copy thereof
    to the opposite party or to his solicitor.
  5. Any person served with the petition, not being a party to the
    principal cause, must enter an appearance before he or she can file
    an answer thereto.
  6. Within fourteen days from the filing the answer, the opposite
    party may file a reply thereto ; and the same period shall be allowed
    for filing any further pleading by way of rejoinder.
  7. Such pleadings, when completed, shall in the first instance be
    referred to the Judge, or the Registrar in his absence, who shall investi-
    gate the averments therein contained in the presence of the parties,
    or their solicitors, and who for that purpose shall be at liberty to re-
    quire the production of any documents referred to in such pleadings,
    or to call for any affidavits ; and the Registrar shall report in writing
    to the Court the result of the investigation, and any special circum-
    stances to be taken into consideration with reference to the prayer
    of the petition.
  8. The report of the Registrar shall be filed in the registry by the
    husband or wife, on whose behalf the petition has been filed, who
    shall give notice thereof to the other parties who have been heard ;
    and any of the parties may apply to the Court, or a Judge thereof,
    for an order as to the prayer of the petition.
  9. The costs of a wife of and arising from the said petition or answer
    shall not be allowed, on taxation of costs, against the husband before the
    final decree in the principal cause, without direction of the Court, or a
    Judge thereof.

CUSTODY OF AND ACCESS TO CHILDREN.

  1. Before the trial or hearing of a cause, a husband or wife who
    is party to it may apply for an order with respect to the custody,
    maintenance, or education of, or for access to children (issue of their
    marriage), to the Judge, by motion or summons, founded on affidavit.

GUARDIANS TO MINORS.

  1. A minor above the age of seven years may elect any one or
    more of his or her next-of-kin or next friend as guardian, for the purpose
    of proceeding on his or her behalf as petitioner, respondent, or inter-
    vener in a cause. A form of instrument of election is given in the
    Schedule hereto.
  2. The necessary instrument of election must be filed in the
    registry before the guardian elected can be permitted to extract a
    citation or to enter an appearance on behalf of the minor.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1909, No 107





✨ LLM interpretation of page content

⚖️ Divorce and Matrimonial Causes Act, 1908 - Rules on Alimony, Maintenance, Settlements, and Custody of Children (continued from previous page)

⚖️ Justice & Law Enforcement
Divorce, Matrimonial Causes, Alimony, Maintenance, Settlements, Custody of Children, Supreme Court, Court of Appeal, Pleadings, Affidavits, Guardians, Minors

⚖️ Rules for Guardianship of Minors and Election of Guardians

⚖️ Justice & Law Enforcement
Minors, Guardians, Election of Guardian, Court Proceedings, Petitions, Appeals, Citations