Section 5: Contents of petition

5. Contents of petition (1) Subject to subsection (2), a petition for divorce or judicial separation under article 230, 231, 235, 238-1 or 238-3 of the Code Civil Mauricien shall set out all the facts on which the petitioner relies to satisfy the Court that he is entitled to a decree and no facts other than those set out in the petition shall be admitted in evidence. (2) Where new facts arise or come to the knowledge of the petitioner after the presentation of the petition, the petitioner may, with the leave of the Court, adduce in evidence the new facts and thereupon the new facts shall be deemed to form part of the petition. (3) There shall be annexed to every petition— (a) (i) a copy of the marriage certificate of the parties; or (ii) where the marriage certificate is not available, an affidavit containing— (A) the names of the parties; (B) the date on which and the place where the marriage was celebrated; (C) the matrimonial regime under which the parties are married; (b) a list of the witnesses which the petitioner intends to call; (ba) in the case of a petition under article 238-1 of the Code Civil Mauricien, a statement that the parties accept that the marriage has broken down; (c) where any agreement under article 238-3 of the Code Civil Mauricien or section 14 has been reached between the parties, a copy of the agreement; (d) where the petitioner is willing to make arrangements for the welfare of the children, a copy of the proposed arrangements. [S. 5 amended by s. 3 (a) of Act 2 of 2011 w.e.f. 15 May 2011.]