Matrimonial Causes Rules
Div 5Petitions for Restitution of Conjugal Rights.
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Division 5.—Petitions for Restitution of Conjugal Rights.
- A petition for a decree of restitution of conjugal rights shall be in accordance with Form 7.
Petition for restitution of conjugal rights.
53.—(1.) In a petition for a decree of restitution of conjugal rights—
(a) the date on which the petitioner and respondent last cohabited, and the circumstances in which cohabitation between the petitioner and respondent ceased or last ceased, as the case may be; and
(b) the date on which and the manner in which the written request for cohabitation was made to the respondent in accordance with paragraph (b) of section 62 of the Act or, if no such written request was made, particulars of the special circumstances that are alleged to justify the making of the decree notwithstanding that such a request was not made,
shall be stated in the petition in addition to any other facts that are stated in the petition in pursuance of paragraph (g) of rule 28 of these Rules.
(2.) A petition for a decree of restitution of conjugal rights shall state—
(a) that the respondent still refuses, at the date of filing the petition, to cohabit with, and render conjugal rights to, the petitioner; and
(b) that the petitioner sincerely desires conjugal rights to be rendered by the respondent and is willing to render conjugal rights to the respondent.