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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 53

53.(1) Where in a petition for divorce or judicial separation, or in any other
pleading praying for either form of relief, one party to a marriage alleges
that the other has committed adultery, he or she shall make the person alleged
to have committed adultery with the other party to the marriage a party to the
proceedings unless excused by the court on special grounds from doing so.

(2) Rules of court may, either generally or in such cases as may be prescribed
by the rules, exclude the application of paragraph (1) where the person
alleged to have committed adultery with the other party to the marriage is not
named in the petition or other pleading.

(3) Where in pursuance of paragraph (1) a person is made a party to
proceedings for divorce or judicial separation, the court may, if after the
close of the evidence on the part of the person making the allegtion of
adultery it is of opinion that there is not sufficient evidence against the
person so made a party, dismiss him or her from the suit.

(4) Rules of court may make provision, in cases not falling within paragraph
(1), with respect to the joinder as parties to proceedings under this Order of
persons involved in allegations of adultery or other improper conduct made in
those proceedings, and with respect to the dismissal from such proceedings of
any parties so joined.

(5) In every case in which adultery with any party to a suit is alleged
against any person not made a party to the suit or in which the court
considers, in the interest of any person not already a party to the suit, that
that person should be made a party to the suit, the court may if it thinks fit
allow that person to intervene upon such terms, if any, as the court thinks
just.

© 1978 Crown Copyright

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