CAP. 179]
[s. 37 cont.]
Service of petition.
9 of 1933, s. 4.
Divorce.
(2) Petitions for dissolution of marriage, or for nullity of marriage, or for judicial separation shall state that there is not any collusion or connivance between the petitioner and the respondent or between the petitioner and the co-respondent, if any.
38. Service out of the jurisdiction of any petition under this Ordinance may be allowed by the court and service shall be effected, as nearly as may be, in the manner in which service of a writ of summons is to be effected under the Code (Cap.4, rules) of Civil Procedure for the time being in force.
Evidence.
Sittings in camera.
Adjournment.
Enforcement of orders.
Appeals.
39. (1) In suits under this Ordinance the parties and the husbands and wives of such parties shall be competent and compellable to give evidence.
(2) No witness whether a party to the suit or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same suit in disproof of his or her alleged adultery.
40. The whole or any part of any proceeding under this Ordinance may be heard, if the court thinks fit, with closed doors.
41. The court may adjourn the hearing of any petition under this Ordinance, and may require further evidence thereon if it sees fit so to do.
Appeals.
42. (1) All decrees and orders made by the court in proceedings under this Ordinance shall be enforced, and may be appealed from, as if they were decrees or orders made by the court in the exercise of its original civil jurisdiction.
(2) In suits for dissolution of marriage or for nullity of marriage no respondent or co-respondent not appearing and defending the suit on the occasion of the decree nisi being made shall appeal against the decree being made absolute unless the court gives leave to appeal at the time of the decree being made absolute.
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