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. 63

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