Rule 2.8 Parties
Northern Ireland
Subject to paragraph (2), where a petition alleges that the respondent has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a co-respondent in the cause unless—
that person is not named in the petition and, if the adultery is relied on for the purpose of Article 3(2)(a) of the Order of 1978, the petition contains a statement that his or her identity is not known to the petitioner, or
the court otherwise directs.
Where a petition alleges that the respondent has been guilty of rape upon a person named, then, notwithstanding anything in paragraph (1), that person shall not be made a co-respondent in the cause unless the court so directs.
Where a petition alleges that the respondent has been guilty of improper conduct (other than adultery) with a person named, the court may direct that the person named be made a co-respondent in the cause, and for that purpose the Master may cause notice to be given to the petitioner and to any other party who has given notice of intention to defend of a date and time when the court will consider giving such a direction.
An application for directions under paragraph (1) may be made ex parte if no notice of intention to defend has been given.
Paragraphs (1) and (3) of this rule do not apply where the person named has died before the filing of the petition.
Notes on Part II
Footnotes
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05