Rule 3 Application under Article 4 of the Order or Part 1 of Schedule 16 to the Act of 2004F4I1

An application by way of complaint to a justice of the peace or clerk of petty sessions for an order under Article 4 F1of the Order or Part 1 of Schedule 16 to the Act of 2004 may be made orally specifying the type of order sought and the ground or grounds on which the application is made.

Where an application under paragraph (c) or (d) of Article 4 alleges adultery or such behaviour by the respondent that the applicant cannot reasonably be expected to live with the respondent, particulars of the adultery or alleged behaviour shall not be stated in the summons, but, where the respondent or his solicitor, in writing, requests any such particulars, the applicant shall forthwith furnish particulars, in writing, to the respondent or his solicitor and to the clerk of petty sessions.

Where an application under paragraph 1(c) of Schedule 16 to the Act of 2004 alleges such behaviour by the respondent that the applicant cannot reasonably be expected to live with the respondent, particulars of the alleged behaviour shall not be stated in the summons, but, where the respondent or his solicitor, in writing, requests any such particulars, the applicant shall forthwith furnish particulars, in writing to the respondent or his solicitor and to the clerk of petty sessions.

A summons issued in consequence of such an application shall be in Form D1 F3or Form D1A, as the case may be, and shall be prepared in triplicate and a copy served on the respondent.