THE DIVORCE ACT.

Statutory Instrument 249—1.

The Divorce Rules.

Arrangement of Rules.

Rule
1. Citation.
2. Summons.
3. Service.
4. Forms.
5. Suits for nullity of marriage by reason of impotence.

Schedules

First Schedule Forms.

Second Schedule Fees.

 THE DIVORCE ACT.

Statutory Instrument 249—1.

The Divorce Rules.

(Under section 42 of the Act.)

1. Citation.

These Rules may be cited as the Divorce Rules.

2. Summons.

A summons shall issue in all suits under the Act, and a copy of the petition
shall be attached to the summons.

3. Service.

Service shall be effected in the manner provided for the service of

summonses and notices under the Civil Procedure Rules.

4. Forms.

The forms in the First Schedule to these Rules may be used in proceedings
under the Act.

5. Suits for nullity of marriage by reason of impotence.

(1) In a suit for nullity of marriage by reason of impotence, when the

answer has been filed or when the respondent has failed within proper time
to appear or to file an answer, an order may be made by the court for the
appointment of two medical inspectors and for the medical examination of
the parties by those inspectors; in the case of suits filed in the High Court
such orders may be made by the registrar.

(2) Notwithstanding subrule (1) of this rule, no person shall be

ordered to attend for medical examination without his or her consent.

(3) At the time of the making of such orders the court or registrar, as
the case may be, shall make such further order with regard to identification
of the parties to the medical inspectors as shall be thought fit.

(4) On the making of such an order summonses shall be issued to the

parties to attend for examination before the medical inspectors on a day and
at a time and place to be named in the summons.

(5) After the examination the medical inspectors shall make a report
to the court.

(6) The report shall be filed and shall be open for inspection by the
parties to the suit.

(7) Fees for the order and the summonses, as set out in the Second
Schedule to these Rules, shall be paid by the petitioner on filing his or her
petition.

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 SCHEDULES

First Schedule.
rule 4.
Forms.

Form 1.
Petition.
The Divorce Act.

In the __________ Court of _____________________

Divorce Jurisdiction

To the _________________ Court of _____________

The humble petition of __________________________________ shows

Residence of petition.

1. That your petitioner at present resides at ____________________

___________________________ in Uganda.

Religion.

2. That your petitioner professes the Christian religion.

Marriage.

3. That your petitioner was on the _____ day of _______________

lawfully married to the respondent at the church of ___________________
at _______________ in the district/area of _______________________ in
______________________, and that—
(a) the marriage was solemnised under the provisions of the
_________________ Act in force in ______________________;
(b) after the marriage your petitioner lived and cohabited with the
respondent, ________________________________________, at
______________________, and at _______________________,
and that there are issue of the marriage _______________
children, to wit ______________.
 (In petitions for the dissolution of marriage by husband).

Adultery.

4. That since the solemnisation of the marriage your petitioner’s

wife, on or about the ______ day of _______________ and on other days
between that day and ________________________________________ at
_______________________________________ in the district/area of
___________________ in _______________________ did commit adultery
with _______________________ (or with some person or with divers
persons unknown to your petitioner).

(In petitions for dissolution of marriage by wife.)

Change of faith with marriage with another woman.

5. That since the solemnisation of the marriage your petitioner’s

husband has changed his profession of Christianity for the profession of the
________________________ religion, and has gone through a form of
marriage with _______________________________.

Incestuous adultery.

6. That on or about the ______ day of ________________ and on

other days between that day and __________________, your petitioner’s
husband, ___________________________________________________, at
___________________________________________ committed incestuous
adultery with _____________________________, a ___________________
of your petitioner.

Bigamy with adultery.

7. That on the ______ day of ________________________ at

____________________________________________ in the district/area of
_______________________________ the ceremony of marriage was duly
performed between your petitioner’s husband, __________________, and
one _______________________, your petitioner his lawful wife being then
alive, whereby your petitioner’s husband, __________________, committed
bigamy, and that from and after the above date, particularly on or about the
______ day of ________________________ your petitioner’s husband,
_________________________, and ________________________________
cohabited and committed adultery together.

Marriage with another woman with adultery.

8. That on the ______ day of _________________________ at

_______________________ in the district/area of _____________________,
the ceremony of marriage was duly performed between
________________________ and one ______________________________,
your petitioner his lawful wife being then alive, and that from and after the
above date, particularly on or about the _______________ day of
_______________ your petitioner’s husband, ________________________,
and ______________________ cohabited and committed adultery together.

Rape.

9. That on the ______ day of ____________________________ at

____________________________________________ in the district/area of
_______________________________________________ your petitioner’s
husband, _____________________________, committed a rape upon the
person of ___________________________________.

Sodomy.

10. That on the ______ day of __________________________ at

____________________________________________ in the district/area of
________________________________________ your petitioner’s husband,
________________________________, committed the offence of sodomy.

Bestiality.

11. That on the ______ day of ____________________________ at

___________________________________________ in the district/area of
_______________________________________________ your petitioner’s
husband, _________________________, committed the offence of bestiality.

Adultery with cruelty.

12. That on or about the _____ day of _______________ and on

other days between that day and ____________________________________
your petitioner’s husband, _______________________________________,
at ____________________ in the district/area of
_______________________ committed adultery with
____________________________ or with some person or with divers
persons unknown to your petitioner; and—
(a) that your petitioner’s husband, ___________________________,
in or about the month of ____________________________ at
___________________________________ in the district/area of
_______________________ violently assaulted your petitioner
by striking her in the face with his clenched fist and by knocking
her down; or
(b) that on the ______ day of _______________ in the said year at
____________________________________ as aforesaid your
petitioner’s husband, ___________________________________,
violently assaulted your petitioner and dragged her out of bed by
the hair of her head, and kicked her and threatened to kill her.

Adultery with desertion.

13. That on or about the ______ day of _______________ and on

other days between that day and _______________ your petitioner’s
husband, _____________________ at _____________________ in the
district/area of _________________ committed adultery with
________________________ or with some person or with divers persons
unknown to your petitioner; and that on or about the ______ day of
______________ your petitioner’s husband, _________________________,
deserted your petitioner without reasonable excuse, and from that time down
to the present, being for the space of two years and upwards, has continued
to desert your petitioner.

(In petitions for nullity of marriage.)

Marriage.

14. That on the ______ day of ____________________ at the church

of _____________________________ at _________________________ in
the district/area of ____________________ in ________________________
the ceremony of marriage was performed between the petitioner and
______________________________ of ____________________________.

Impotency.

15. That ________________________________ was at the time of

that marriage, and has ever since been, wholly unable to consummate the
marriage, by reason of the malformation/frigidity and impotence of his/her
parts of generation and that the malformation/frigidity and impotence of
___________________________ is wholly incurable by art or skill.

Consanguinity or affinity.

16. That at the time when the ceremony of marriage was performed
your petitioner was the lawful (or natural) _________________________ of
_______________________________.
Dynamics
Lunacy or idiocy.

17. That on the ______ day of _______________ when the ceremony

of marriage was performed in fact between _______________________ and
_____________________________ the said ______________________ was,
and had for some time been, of unsound mind, and unable to contract
marriage.

Former wife or husband living.

18. That on the ______ day of _______________, when the

ceremony took place between your petitioner and _____________________,
the husband/wife of ___________________________ was living, and his/her
marriage with the respondent had in no way been annulled or dissolved.

Force.

19. That your petitioner was induced to be a party to the ceremony of

marriage, not of her own free will, but through fear and terror of the
respondent.

Fraud.

20. That your petitioner was induced to be a party to the ceremony of

marriage by reason of false representations fraudulently made to her by the
respondent, to the effect __________________________________ which
representations your petitioner believed to be true.

(In petitions for judicial separation.)

 21. Cruelty, adultery, desertion.

(In petitions for the restitution of conjugal rights.)

Withdrawal from cohabitation.

22. That ______________________________ did on the ______ day

of ____________________ withdraw from cohabitation with your petitioner,
and has ever since, without any just cause, kept and continued away from
her, and has also refused and still refuses to render her conjugal rights.

(In all above petitions except 22.)

Absence of collusion or connivance.

23. That no collusion or connivance exists between myself and

____________________________________.

(Claim for damages.)

Damages.

24. That your petitioner claims from _______________________ as

damages in respect of the adultery the sum of ______________________.

Your petitioner therefore humbly prays for a decree—

(1) That—
(a) the marriage of your petitioner with the respondent may be
dissolved;
(b) the marriage celebrated as aforesaid between your petitioner and
the respondent is null and void;
(c) your petitioner may be judicially separated from
___________________________________________________;
(d) ____________________________________ take home and
receive your petitioner as his wife and render her conjugal rights.

(2) That the petitioner may have the custody of the child or children
of the marriage.

(3) That ______________________________ may be condemned in

such damages as may be awarded in respect of the adultery; that the damages
be applied for the benefit of your petitioner and of the children, respectively,
of the marriage, or otherwise, as may seem meet to the honourable court.

(4) That the respondent pay the costs of and incident to the petition.

(5) That your petitioner may have such further and other relief in the
premises as to the honourable court may seem meet.

_________________________________
Petitioner

I certify that the statements in paragraph ________ are true to my knowledge,

and that the statements in paragraphs ________ are true to the best of my
information and belief.

_________________________________
Petitioner
 Form 2.
Summons.
The Divorce Act.

In the _______________ Court of ___________________

Divorce Jurisdiction.

Cause No. __________ of __________

_____________________________________ Petitioner

versus
_____________________________________ Respondent/
Corespondents

Whereas the petitioner has petitioned this court for a decree for
________________________________ (a copy of which petition is attached
to this summons), you are summoned to appear in this court in person or by
agent on the ______ day of _______________ at ________ o’clock in the
________ noon, or as soon thereafter as the case can be heard, to answer the
above petitioner and for such further orders as the court may make for the
disposal of the suit. And take notice that in default of your so doing the
petition will be heard and determined in your absence.

________________________________
Registrar/Magistrate

To _________________________________
 Form 3.
Decree Nisi.
The Divorce Act.

In the _______________ Court of __________________

Divorce Jurisdiction.

Cause No. __________ of __________

____________________________________ Petitioner

versus
____________________________________ Respondent/
Corespondents

This cause coming on the ______ day of _______________ for hearing

before ______________________ in the presence of ___________________.
It is ordered that unless before the ______ day of _______________
appearance is entered in this court by any person to show cause to the
contrary or intervene the marriage between the parties solemnised at
_______________________ in _______________________ on the ______
day of _______________ be dissolved.

It is further ordered that the ____________ have the custody of the child
____________________ of the marriage, and that _____________________
_______________________________________.

Dated this ______ day of _______________, 20 ____

________________________________
Registrar/Magistrate
 Form 4.
Decree Absolute.
The Divorce Act.

In the _______________ Court of ___________________

Divorce Jurisdiction.

Cause No. __________ of __________

_____________________________________ Petitioner

versus
_____________________________________ Respondent/
Corespondents

Upon the application of ____________________________, the petitioner,

and upon it appearing that no person has applied to show cause to the
contrary or intervene the decree nisi for the dissolution of the marriage
solemnised between the parties on the ______ day of ______________ is
made absolute.

Dated this ______ day of _______________, 20 ____

__________________________________
Judge/Magistrate
 Form 5.
Order for Medical Examination.
The Divorce Act.

In the ________________ Court of __________________

Divorce Jurisdiction.

Cause No. __________ of _________________

_____________________________________ Petitioner

versus
_____________________________________ Respondent/
Corespondents

To: _____________________________________
(Petitioner/Respondent)

Whereas the chief registrar of the High Court/magistrate of ______________

has made an order for your medical examination, you are summoned to
appear in person on the ______ day of _______________, 20 ____ at
________ o’clock in the ________ noon, and thereafter to appear before the
medical inspectors at such time and place to be appointed.

Dated at _____________ the ______ day of _______________, 20 ____

_________________________________
Registrar/Magistrate
 Form 6.
Appointment of Medical Inspectors.
The Divorce Act.

In the __________________ Court of ____________________

Divorce Jurisdiction.

Cause No. __________ of __________

_____________________________________ Petitioner

versus
_____________________________________ Respondent/
Corespondents

Upon hearing ____________________ I order that

_____________________ of _____________________________ and
________________________ of ________________________ be appointed
as inspectors to examine the parts and organs of generation of
_________________________, the petitioner in this cause, to report in
writing whether he is capable of performing the act of generation, and if
incapable of so doing whether the impotency can or cannot be relieved or
removed by art or skill; and also to examine the parts and organs of
generation of ________________________, the respondent in this cause, and
to report in writing whether she is or is not a virgin, and has or has not any
impediment on her part to prevent the consummation of marriage, and
whether the impediment (if any) can or cannot be removed by art or skill.
And I further order that the reports be delivered by the inspectors, or one of
them under their hands, to the chief registrar of the High Court/magistrate
_______________________; and I also order that the petitioner and
respondent attend before the chief registrar of the High Court/magistrate
________________________, at such time and place as he or she may
appoint in order that the petitioner and respondent may then and there be
respectively identified as the parties in this cause.

Dated at ___________ the ______ day of _______________, 20 ____

_________________________________
Registrar/Magistrate
 _____

Second Schedule.
rule 5.
Fees.

Shs.
On the order for medical examination 6
On each summons to attend before the medical inspectors (to
include service within two miles of the court effecting service) 2
For the medical examination, to each medical inspector 21

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History: S.I. 215-1; S.I. 135/1968.

Cross Reference

Civil Procedure Rules, S.I. 71-1.

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