Article 6

The following rule shall be added at the end of Order 89:—

“Proceedings relating to rights of occupation

3

(1)

The jurisdiction of the High Court under section 1 of the Matrimonial Homes Act 1967 may be exercised in chambers and paragraphs (1), (3) and (4) of rule 1 shall apply to proceedings under that section as they apply to proceedings under section 17 of the Married Women's Property Act 1882.

(2)

Where the plaintiff asks for an order terminating the defendant's rights of occupation and it appears to the Court, on the ex parte application of the plaintiff, that the defendant is not in occupation of the dwelling house to which the application relates and his whereabouts cannot after reasonable inquiries be ascertained, the Court may dispense with service of the originating summons on him.”