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Rules of the Superior Courts

Appendix: L

Matrimonial


Forms:
No.1 ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5 ¦ No.6 ¦ No.7 ¦ No.8 ¦ No.9

No. 1.

O. 70, R. 1

Petition.

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The High Court

Matrimonial.

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........19

No. .....

Between A.B.,

Petitioner

and

C.B.,

Respondent.

To the High Court.

The humble petition of A.B., of ........... , showeth as follows:

1. Your petitioner was on [date] lawfully married to the respondent, C.B., then C.D. (spinster or widow) at the church of at ............. .

2. Your petitioner and the said C.B. are respectively domiciled in Ireland, and were at the date of the marriage domiciled in ..............

3. After his said marriage your petitioner lived and cohabited with his said wife at ........ and at ....... and that there were .... children of the marriage.

4. On the ...... day of ..... 19 , and on other days between that day and ........ , the said C.B., at ....... in the County of ........ , and at other places at present unknown particularly to your petitioner, committed adultery with R.S.

5. During the months of January, February and March, 19 ..... , the said C.B. frequently visited the said R.S. at ...... and on divers of such occasions committed adultery with the said R.S.

6. Your petitioner resides at ....... and is ....... :and that the said C.B. resides at ...... .

Your petitioner therefore humbly prays that this Honourable Court will be pleased to decree: [here set out the relief sought].

And that your petitioner may have such further and other relief in the premises as to this Court may seem meet.

Dated ...........

[Petitioner's signature]

[Counsel's signature]


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No. 2.


O. 70, R. 6

Citation.

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[Heading as in Form No. 1].


To C.B., of ................

Whereas A.B. of, &c. claiming to have been lawfully married to ....... has filed his petition against .......... in the High Court, praying for .......... wherein he alleges that you have been guilty of adultery [or to have been guilty of cruelty towards ....... the said ........... or as the case may be]: Now this is to command you, that within eight days after service hereof on you, inclusive of the day of such service, you do appear in the High Court then and there to make answer to the said petition, a copy whereof, sealed with the seal of the High Court is herewith served upon you. And take notice that in default of your so doing the High Court will proceed to hear the said charge [or charges] proved in due course of law, and to pronounce, sentence therein, your absence notwithstanding. And further take notice, that for the purpose aforesaid, you are to attend in person, or by your solicitor, at the Central Office, Four Courts, Dublin, and there to enter an appearance, without which you will not be allowed to address the Court, either in person or by counsel, at any stage of the proceedings.

Dated

(Signed)

Registrar.


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No. 3.


O. 70, r. 11

Certificate Of Service.

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This citation was duly served by the undersigned on the within named C.B., of .......... at ......... on the ..... day of ........ 19 ...... .

(Signed)


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No. 4.


O. 70, r. 15

Affidavit Of Service Of Citation.

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[Heading as in Form No. 1].


I, G.H., of ....... aged ... years and upwards, make oath and say as follows:—

1. The citation, bearing date the ..... day of ...... 19 .... , issued under seal of the High Court against C.B., the respondent, in this cause and now hereunto annexed, marked with the letter A, was duly served by me on the said C.B., at .......... in the County of ........ by showing to her the original under seal and by leaving with her a true copy thereof, on the .......... day of ....... 19...

2. At the same time and place I delivered to the said C.B., personally a certified copy, under seal of the High Court, of the petition filed in this cause, and I was at the time aforesaid acquainted with the appearance of the said C.B.

Sworn, &c.


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No. 5.


O. 70, r. 16

Entry Of An Appearance.

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[Heading as in Form No. 1].

[Fill in as exemplified in Form No. 1 in Appendix A Part II.].

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No. 6.


O.70, r. 20

ANSWER.

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[Heading as in Form No. 1].


The respondent C.B. by K.L., her solicitor [or in person], in answer to the petition filed in this cause, says as follows:

1. She denies that she committed adultery with R.S., as set forth in the said petition.

2. On the ..... day of ..... 19 .. , and on other days between that day and ...., the said A.B. at in the County of ....... , committed adultery with X.Y.

[In like manner respondent is to state connivance, condonation, or other matters relied on as a ground for dismissing the petition.]

Wherefore this respondent humbly prays that this Honourable Court will be pleased to reject the prayer of the said petition and decree, &c.

Dated

(Signed)


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No. 7.


O. 29, r. 7.

Bond For Securing Wife's Costs.

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Know all men by these presents that we, A.B. of, &c., P.Q. of, &c., and R.S. of, &c., are held firmly bound unto the Master of the High Court in the penal sum of .... pounds to be paid to X.Y., solicitor for C.B., and for which payment to be well and truly made we bind ourselves and each of us for the whole our heirs, executors or administrators firmly by these presents.

Sealed with our seals.

Dated the ...... day of .... 19 .... .

Whereas a certain cause is now depending in the High Court between A.B., petitioner, of the one part, and C.B., respondent, of the other part.

And whereas the Taxing Master has by a certificate under his hand made in the cause on the .... day of .... 19.... , certified that .... pounds was a sufficient sum to be paid into Court to cover the costs of the said respondent (or petitioner) of and incidental to the hearing of the said cause [or otherwise as in the Taxing Master's certificate] or that a bond under the hand and seal of the said A.B., and of two sufficient sureties in the penal sum of .... pounds, conditioned for the payment of such costs of the said C.B., as shall be certified to be due and payable by the said A.B. not exceeding the said sum of .... pounds [or otherwise as in certificate] with ... hours notice of such sureties to the solicitor of the said C.B. was a sufficient security to be given for the costs aforesaid. Now the condition of this bond is such that if the above bounden A.B., his heirs, executors or administrators shall well and truly pay or cause to be paid to the above-named X.Y., his heirs, executors, administrators, or assigns the full sum of .... or the lawful costs of the said C.B., the respondent [or petitioner] of and incidental to the hearing and trial of this cause [or otherwise as in certificate] to the extent of ..... pounds, then this bond is to be void and of no effect, otherwise to remain in full force and effect.

Signed, sealed and delivered, &c.


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No. 8.


O. 70, r. 32(7)

Certificate Of Identification.

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[Heading as in Form No. 1].


At ......... on ...... day the ........ day of ........19.... ,

before the undersigned Registrar personally ......... appeared

of ..........

and

of .......... who were appointed by order of the High Court dated .......... as inspectors to examine the parts and organs of generation of ......... the petitioner, in the cause, and also of ........... the respondent, in the cause, and to report thereon and were duly sworn to inspect and report according to the terms of the oath usually administered in such cases. There appeared personally the said ........ the petitioner, and the said ......., the respondent, who were identified by their respective solicitors and who in the presence of the said inspectors and of the said Registrar of the High Court and in the presence of their respective solicitors acknowledged themselves to be the petitioner and the respondent respectively in the cause.

(Signed)

Registrar.


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No. 9.


O. 70, r. 32 (7)

Oath Of Medical Inspectors.

[Heading as in Form No. 1].


We are the medical inspectors appointed in a cause in the High Court in which ........ is petitioner and ....... is respondent, to examine the parts and organs of generation of the said petitioner, and also of the said respondent.

We respectively swear by Almighty God that we will faithfully and to the best of our skill inspect the parts and organs of generation of the said ....... the petitioner, and also of the said ..... the respondent and make a just and true report in writing whether he the said ...... is capable of performing the act of generation, and if incapable, whether such incapacity can be relieved or removed by art or skill and also whether she the said ....... hath or hath not any impediment on her part to prevent the consummation of marriage, and whether such impediment (if any) can be relieved or removed by art or skill and that we will send such report under our hands in a sealed envelope by registered post to the Master of the High Court, Four Courts, Dublin.

(Signed)

(Signed)

SWORN by the said inspectors at ...........

on .... day the ..... day of ......, 19.... , before me a Registrar of the High Court.

...................

Registrar.