Bill No. 19
Marriage And Divorce Bill
2009
151. Cross-petitions
Where a petition has been filed for divorce or separation and the
respondent also has grounds for divorce or separation against the
petitioner, the respondent shall have a right to file a cross petition.
152. Party’s right of appeal
A party that is not satisfied with the decision of court may appeal
against the decision.
153. Competence of husbands and wives as witnesses in civil
proceedings
In all matrimonial proceedings, the husband or wife of any party to
the suit, shall be a competent and compellable witness.
154. Court’s powers to divide matrimonial property
(1) Where a decree absolute has been granted terminating a
marriage, the court may proceed to divide any matrimonial property
between the parties to the dissolved marriage, subject to any ante or
post nuptial agreements the parties may have made relating to
division of property.
(2) Where contribution has been made to property that does not
amount to matrimonial property by one spouse, that spouse shall be
compensated by the other spouse or property owner.
(3) The court may, instead of dividing the matrimonial property
between the parties, require one party to compensate the other party
for the value of that party’s interest in the matrimonial property.
155. Distribution of property
(1) Where cohabitation terminates or a marriage is in the process
of being dissolved, the court that determines the property rights of the
spouses may make an order to equitably distribute property jointly
acquired during the cohabitation or marriage without regard to the
reasons for the breakdown of the marriage.
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