THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 18, 1940. 1517
(2) In sub-section (3) of the said section one for the words down to "have the same force and effect, and" there shall, as from the appointed day, be substituted the words “Where a decree or order has been registered in accordance with the last preceding sub-section", and at the end of the said sub-section (3), the following words shall, as from the appointed day, be inserted---
' and
(ii) nothing in this sub-section shall be construed as preventing the taking of any proceedings in India under or in relation to any decree or order under sub-section (1) of this section at any time after the making thereof."
5. The foregoing provisions of this Act shall, with the Application necessary adaptations, apply in relation-
(a) to Burma:
(b) to any part of His Majesty's dominions to which the provisions of section one of the principal Act apply by virtue of an Order in Council under section two thereof, whenever made.
as they apply in relation to India.
to Burma and Colonies.
which the
6.-(1) A High Court in India on which jurisdiction is Areas for conferred by sub-section (1) of section one of the principal various High Jet shall, on and after the appointed day, exercise that Courts in jurisdiction if, and only if, the parties to the marriage last India are resided together, or at the date of the presentation of the petition each reside, in the appropriate area.
(2) In this section, the expression "the appropriate area means, in relation to any court, the area with reference to which that court is for the time being a High Court for the purposes of the Indian law known as the Indian Divorce Act, 1869, or such other area as the Governor-General may from time to time by public notification specify, in relation to that court, as the appropriate area for the purposes of this section.
to act.
1 Edw. 8.
(6) The functions of the Governor-General under this section shall be deemed, for the purposes of the Government 26 Geo. 5. & of India Act. 1935. to be included among the functions c. 2. which he is, by or under that Act, required to exercise in his 52 & 53 Vict. discretion. and so much of section eighteen A of the e. 63. Interpretation Act. 1889. as provides that the expression ** Governor-General" shall, in relation to the period between the commencement of Part III of the Government of India Act, 1935, and the establishment of the Federation of India, mean the Governor-General in Council, shall not apply to this section.
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7. In this Act. the expression the appointed day" Meaning of means the first day of January nineteen hundred and forty- a
one.
appointed
8. This Act may be cited as the Indian and Colonial Short title Divorce Jurisdiction Act, 1940, and the principal Act and this and citation. Act may be cited together as the Indian and Colonial Divorce Jurisdiction Acts, 1926 and 1940.