DIVORCE AND SEPARATION RULES

Rule 20 of the divorce and separation

1
, under this rule its mandatory that the notice of petition
must be served on a respondent or if there is a co- respondent in a prescribed form, mean form
number 5, for any claim in need of seeking divorce and separation before the Court of law must
be in prescribed form and the notice must rich in the mind of the respondent or if any co-
respondent. The intention of having the notice of petition is to enhance the respondent to get
information that the petition has been filed against him in the competent Court having
jurisdiction to entertain the matter. So having knowledge in mind must be prepared to appear as
per the law.
Rule 21 of the divorce and separation
2
, talk on the service of notice, for any petition shall in
order to proceed for hearing there must be service of notice to the respondent and every co-
respondent if any. If it happened the notice where not served to the aforesaid part the court wont
take on the proceeding. And on the other side of the coin if the notice where served to the
respondent and co- respondent (if any) and they have failed to appear without any sound reasons
and notification to the court, the court on its jurisdiction might take on the proceeding. Rule
20(2) after the service of the petition has been affected a certificate of service in the prescribed
form shall be filed.
Appearance is the formal attendance in court of law , in another word known as the formal
notice that a party or his legal representative intends to enter an appearance.
3
Under rule 22 ,
4

state that appearance shall be entered by a respondent or co-respondent by appearing in person
or through advocate before the registrar on the dates specified in the notice of petition. In
matrimonial proceedings, the law requires the respondent or the co-respondent to give the notice
to appear him /herself or being represented by advocate before the registrar on the date
prescribed on the notice of petition.

1
The law of Marriage (Matrimonial Proceedings) Rules, 1971.

2
ibid
3
http//www. The free
4
The law of Marriage (Matrimonial Proceedings) Rules, 1971.


Other pleadings are the pleadings filed under matrimonial proceeding. These pleadings are set
out under rule 23
5
as explain before.
Pleading to resist the petition, under rule 23 (1)
6
provide that where the respondent enters an
appearance and advices the registrar that he intends to resist the petition ,the registrar shall allow
the respondent as the case may be under the time which exceed two weeks or six months may
file an answer. Here the respondent give the notice to appear and make a recommendation to
refrain from the petition filed upon them. Where the registrar is required by the law to grant or
not to grant as the nature of the case, if the registrar grant the request of the respondent or co-
respondent is required by the law provide the notice within a reasonable time as stipulated under
the law.
under rule 23(2)
7
state that where the registrar allows time to the respondent or the co-respondent
an answer he may , on application made by the petition made by the petition, allow the petitioner
reasonable time to file a reply to the answer .Here the respondent or co-respondent is required
by the law to give answer upon the case filed to them by the petitioner after being allowed by the
registrar upon their notice provided under rule 23(1), also the petitioner is required by the law to
give answer on the refrain made by the respondent or co-respondent upon him /her petition made
under rule 23(1).

Under rule 23(3)
8
state that every answer shall contain a concise statement of facts upon which
the respondent or as the case may be the co-respondent will rely for his defence, here both
parties (respondent ,co-respondent and petitioner are required by the law to provide answer
which is clearly connected to the fact of the case and those provided answer must be a good
defence to him.
Under rule 23(4
9
) the law state it shall not be sufficient for a respondent or a co-respondent in his
answer to admit generally the ground alleged by the petitioner, but the respondent or as the case

5
ibid
6
ibid
7
ibid
8
ibid
9
supra
may be the co-respondent or allegation must deal specifically with each allegation of fact of
which he does not admit the truth. Here the law require the Respondent or co-respondent to give
the answer on fact (resist) as provided under rule23 (1) which believed not to be true and not
otherwise.
Under rule23(5)
10
every reply must contain a concise statement of fact upon which the petition
will reply to counter the allegations in the answer, here the petitioner is required by the law to
provide clear answer which are directly connected to the alleged facts of the case made by the
respondent under rule23(1).
Under rule23 (6)
11
the law state that every answer and reply must be signed by the person on
whose behalf it is lodged and must contain a statement by such a person verifying the facts
alleged in the answer, the reply, of which he has personal cognized and the facts which he
believes to be true by reason of information in his possession, all answer given by both party
either on reply or otherwise is must be taken on a written form and being signed by the parties of
the alleged petition as the exhibit to resjudicata.
Under rule 23(7)
12
the law state that a copy of every answer and of every reply filed in any
matrimonial proceeding shall be served on the other parties to the proceeding, here the document
under rule 23(6) must be served to both parties
Rule 24: Amendment of Pleadings
This rule requires the court if it may fit deem and where there is a sufficient cause is shown, may
allow any party at any time before the conclusion of the trial of a petition to amend his or her
pleading subject to such order as to cost as the court may think fit to make
13
.
Application of the rule
This rule is only applicable to the courts with the competent jurisdiction to determine the
matrimonial disputes which are the High Court, a court of Resident Magistrate, a District Court

10
ibid
11
ibid
12
ibid
13
The law of Marriage (Matrimonial Proceedings) Rules, 1971.
and Primary Court
14
.The rule is also only applicable during the trial of the petition and not after
the delivery of the judgment, hence a party is allowed to request the court to amend the pleadings
of the petition by showing a reasonable cause of amending the pleadings only before the delivery
of the judgment. However it should be noted that, to allow the amendment to the pleadings of the
petition is rest upon the discretion of the court itself. The rule provides that, the court may if,
sufficient cause is shown, allow any party at any time before the conclusion of the trial of a
petition to amend his pleading. Hence it is discretion of the court to whether allow the parties or
not to amend the pleadings, the party wishing to amend the pleadings is required by the rule to
show a sufficient cause why he intends to amend the pleadings, and upon the satisfaction the
court may allow the party to amend the pleadings.
Rule 25: Pleadings out of time
It provides that where a party has failed to file any pleading within the time allowed therefore by
the registrar, the court may on application made by such party grant leave for the pleading to be
filed out of time.
Application of the rule
General rule requires any person to file a petition to the court for a decree of annulment or a
decree of divorce if he or she is domiciled in Tanzania, or he or she has been resident in
Tanzania for at least one year immediately preceding the presentation of the petition
15
. Hence
this rule is applicable only where a party has failed to file a pleading within the time prescribed
by the general rule as required by the law.
Therefore where a party has failed to file a pleading within a time is required by this rule to make
an application for leave to the court for the pleadings to be filled out of time.Then upon the
satisfaction, the court through the Registrar may on application made by such party grant a leave
for the pleading to be filed out of time.



14
Section 76,The Law of Marriage Act, Cap 29, RE. 2002.
15
Section 77(3), The Law of Marriage Act, Cap. 29, RE. 2002.
THE UNI



COLLEGE OF HUMANITIES AND SOCIAL SCIENCES
SCHOOL OF SOCIAL SCIENCES
COURSE NAME: FAMILY LAW.
COURSE CODE: LW 324
COURSE INSTRUCTOR: Mr. Shughulu
NATURE OF WORK: GROUP ASSIGNMENT
GROUP NUMBER: 4
GROUP LEADER: MWANUKUZI, JOSTON
DATE OF SUBMISSION: 28
QUESTION 4.





THE UNIVERSITY OF DODOMA
COLLEGE OF HUMANITIES AND SOCIAL SCIENCES
SCHOOL OF SOCIAL SCIENCES
DEPARTMENT OF LAW
FAMILY LAW.
: Mr. Shughulu
GROUP ASSIGNMENT
MWANUKUZI, JOSTON
28/05/2014
COLLEGE OF HUMANITIES AND SOCIAL SCIENCES

PARTICIPANTS

S/NO NAMES REG. NUMBERS SIGNATURE
1. Ngatunga, Edward T/UDOM/2011/04241
2. Masyaga, Godfrey T/UDOM/2O11/04245
3. Mwanukuzi, Joston T/UDOM/2011/04287
4. Katinda, Exavery T/UDOM/2011/04233
5. Sevelin, Rodrick T/UDOM/2011/04256
6. Henry, Edina T/UDOM/2010/04297
7. Mwita, Martha T/UDOM/2011/04251
8. Mboje, Makoye T/UDOM/2011/04285
9. Dereck, Michael T/UDOM/2011/04290