PART X
CHAPTER 6 — GENERAL PROVISIONS
Procedure
133. Subject to the provisions of this Part, all proceedings under this Part shall be regulated by the Rules of Court.[42/2005]
Evidence
134. —(1) In proceedings under this Part, the parties and the husbands and wives of such parties shall be competent and compellable to give evidence.
[42/2005]
(2) No witness whether a party to the proceedings or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same proceedings in disproof of his or her alleged adultery. [42/2005]
Sittings in camera
135. The whole or any part of any proceedings under this Part may be heard, if the court thinks fit, in camera. [42/2005]
Power to rescind interim judgment in certain cases
136. Where the court on granting a judgment of divorce held that the only fact mentioned in section 95(3) on which the plaintiff was entitled to rely in support of his writ was that mentioned in section 95(3)(d), the court may, on an application made by the defendant at any time before the judgment is made final, rescind the judgment if it is satisfied that the plaintiff misled the defendant (whether intentionally or unintentionally) about any matter which the defendant took into account in deciding to consent to the grant of a judgment. [42/2005]
Appeals
137. —(1) All judgments and orders made by the court in proceedings under this Part shall be enforced, and may be appealed from, as if they were judgments or orders made by the court in the exercise of its original civil jurisdiction. [42/2005]
(2) There shall be no appeal on the subject of costs only. [42/2005]
Power to allow intervention on terms
138. In any case in which any person is alleged to have committed adultery with any party to any proceedings under this Part, or in which the court considers, in the interest of any person not already a party to the proceedings, that that person should be made a party to the proceedings, the court may, if it thinks fit, allow that person to intervene upon such terms, if any, as the court thinks just. [42/2005]
Power to make rules
139. —(1) A committee constituted by the following persons may make rules to fix and regulate the fees and costs payable upon all proceedings under this Part, and also such rules concerning the practice and procedure under this Part as they consider expedient:
(a) the Chief Justice;
(b) a Judge of the Supreme Court to be appointed by the Chief Justice for such period as he may specify in writing;
(c) a District Judge to be appointed by the Chief Justice for such period as he may specify in writing; and
(d) 2 practising advocates and solicitors to be appointed by the Chief Justice for such period as he may specify in writing. [42/2005;2/2007]
(2) Rules made under subsection (1) may prescribe the forms to be used in proceedings under this Part. [42/2005]
(3) All such rules shall be presented to Parliament as soon as possible after publication in the Gazette. [42/2005]