1516
THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 18, 1940.
Amendment
the principal Act has been dismissed which would not have been dismissed if the principal Act had been construed in the manner specified in sub-section (1) of this section, the dismissal of the petition shall not prejudice the bringing of a new petition upon the same, or substantially the same, facts.
2.—(1) For proviso (c) to sub-section (1) of section one of the principal Act there shall, as from the appointed day, precedent to be substituted the following proviso-
of certain conditions
the granting
of relief.
Jurisdiction under the principal Act in case of husband's change of domicile.
Registration
in England
"(c) no such court shall grant any relief under this Act except in cases where the petitioner resided in India at the time of presenting the petition and the place where the parties to the marriage last resided together was in India, or make any decree of dissolution of marriage on the ground of adultery, cruelty or any crime except where the marriage was solemnized in India or the adultery, cruelty, or crime complained of was committed in India.'
(2) For the removal of doubts it is hereby declared that the provision in the said proviso (c) as originally enacted that no court shall make any decree of dissolution of marriage except where either the marriage was solemnized in India or the adultery or crime was committed in India did not operate so as to prevent the making of such a decree on grounds other than adultery or crime where the marriage was solemnized in India; and where before the appointed day a petition for the dissolution of a marriage has been dismissed on the ground that the said provision did so operate, the dismissal of the petition shall not prejudice the bringing of a new petition upon the same, or substantially the same, facts.
3. Where a wife has been deserted by her husband, and the husband was immediately before the desertion domiciled in England or Scotland but has changed his domicile since the desertion, a High Court in India shall, as from the appointed day, have the same jurisdiction under the principal Act as it would have if the change had not taken place; but, in any such case, the power conferred on the Court by proviso (d) to sub-section (1) of section one of the principal Act to require the petitioner to show that she is prevented from taking proceedings in the court of the country in which she is domiciled shall include power to require her to show that she is similarly prevented from taking proceedings in the High Court in England, or, as the case may be, the Court of Session.
4.-(1) The following sub-section shall, as from the and Scotland appointed day, be substituted for sub-section (2) of section
one of the principal Act:-
of decrees
and orders
under prin- cipal Act.
(2) Where a decree or order is made under this section, the proper officer of the court making the decree or order shall transmit a certified copy thereof—
(a) if the parties to the marriage are domiciled in Eng- land, for registration in the High Court in England;
(b) if the parties to the marriage are domiciled in Scot- land, for registration in the books of council and session, and upon receipt of a copy of a decree or order purporting to be so certified and transmitted, the decree or order shall be registered accordingly.