CAP. 152
(ii)
(iii)
Matrimonial Causes
[Rev. 2012]
that proceedings were instituted within a year from the date of the
marriage; and
that marital intercourse with the consent of the petitioner has not taken
place since the discovery by the petitioner of the existence of the
grounds of decree.
(2) Where a decree of nullity is granted in respect of a voidable marriage, any
child who would have been the legitimate child of the parties to the marriage if it
had been dissolved, instead of being annulled, on the date of the decree shall be
deemed to be their legitimate child notwithstanding the annulment.
(3) Nothing in this section shall be construed as validating any marriage which
is by law void but with respect to which a decree of nullity has not been granted.
[Act No. 5 of 1952, s. 3.]
15. Decree nisi for divorce or nullity of marriage
(1) Every decree for a divorce or for nullity of marriage shall, in the first instance,
be a decree nisi not to be made absolute until after the expiration of six months
after the pronouncing thereof, unless the court by general or special order from
time to time fixes a shorter time.
(2) After the pronouncing of the decree nisi and before the decree is made
absolute, any person may. in the prescribed manner, show cause why the decree
should not be made absolute by reason of the decree having been obtained by
collusion or by reason of material facts not having been brought before the court,
and in any such case the court may make the decree absolute, reverse the decree
nisi, require further inquiry or otherwise deal with the case as the court thinks fit.
(3) Where a decree nisi has been obtained, whether before or after the
commencement of this Act, and no application for the decree to be made absolute
has been made by the party who obtained the decree, then, at any time after the
expiration of three months from the earliest date on which that party could have
made such an application, the party against whom the decree nisi has been granted
shall be a liberty to apply to the court and the court shall, on such application, have
power to make the decree absolute, reverse the decree nisi, require further inquiry
or otherwise deal with the case as the court thinks fit.
16. Remarriage of divorced person
As soon as any decree for divorce is made absolute, either of the parties to
the marriage may, if there is no right of appeal against the decree absolute, marry
again as if the prior marriage had been dissolved by death or, if there is such a
right of appeal, may so marry again, if no appeal is presented against the decree,
as soon as the time for appealing has expired or, if an appeal is so presented, as
soon as the appeal has been dismissed.
PART III – JUDICIAL SEPARATION
17. Decree of judicial separation
(1) A petition for judicial separation may be presented to the court by either the
husband or the wife on any grounds on which a petition for divorce might
[Issue 1]
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