Section 6: Service and presentation of petition

6. Service and presentation of petition (1) A petition shall be lodged with the Registrar who shall fix the date on which the petition may be presented to a Judge in Chambers. [Issue 3] D17 – 2 Revised Laws of Mauritius (2) Except where a petition is lodged by the spouses jointly, the petitioner shall, subject to subsection (3), cause a copy of the petition to be served on the respondent in person and shall give at least 15 days’ notice to the respondent of the date fixed for the presentation of the petition under subsection (1). (3) Where the respondent is in Mauritius and personal service cannot be effected, and the Judge in Chambers is satisfied that the respondent is avoiding service of process, he may order that service be effected at the respondent’s last known place of residence. (4) The petition shall be presented to a Judge in Chambers by the petitioner or petitioners, as the case may be, in person on the date fixed for the presentation of the petition under subsection (1). (5) The judge shall, in the case of a petition under article 238-1 or article 238-3 of the Code Civil Mauricien, go through the petition in the manner provided for in article 238-2 or article 238-4 of the Code Civil Mauricien, as the case may be. [S. 6 amended by s. 3 (b) of Act 2 of 2011 w.e.f. 15 May 2011.]