CAP. 179]
Hearing of petition.
1969 c. 55. s. 2(2).
1969 c. 35. s. 20(3).
1965 c. 72. s. 5(5).
1965 c. 72. s. 5(6).
1965 c. 72, s. 5(7).
Provisions to encourage reconciliation. [cf. 1969 c. 55. s. 30(6)]
Matrimonial Causes
[1983 Ed.
(3) Where an alleged adulterer is made a co-respondent on such a petition as is mentioned in subsection (1) or an alleged adulteress is made a respondent on such a petition as is mentioned in subsection (2), the court may, after the close of the evidence on the part of the petitioner, direct that the co-respondent or, as the case may be, the respondent be dismissed from the suit if the court is of opinion that there is not sufficient evidence against him or her.
15. (1) On a petition for divorce, it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent.
(2) If the court is satisfied on the evidence of any such fact as is mentioned in section 11A(1), then unless it is satisfied on all the evidence that the marriage has not broken down irretrievably, it shall, subject to subsection (3) of this section, grant a decree nisi of divorce.
(3) If it appears to the court, at the hearing of a petition for divorce presented in pursuance of leave granted under section 12(2), that the leave was obtained by the petitioner by any misrepresentation or concealment of the nature of the case, the court may-
(a) dismiss the petition, without prejudice to any petition which may be brought after the expiration of the period of 3 years from the date of the marriage upon the same facts, or substantially the same facts, as those proved in support of the dismissed petition; or
(b) if it grants a decree, direct that no application to make the decree absolute shall be made during that period.
(4) If in any proceedings for divorce the respondent alleges against the petitioner and proves any such fact as is mentioned in section 11A(1), the court may give to the respondent the relief to which the respondent would have been entitled if the respondent had presented a petition seeking that relief.
(5) Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of 3 months from its grant, unless the Chief Justice by general order, or the court in any particular case, fixes a shorter period.
{Replaced, 33 of 1972, s. 6}
15A. (1) If at any stage of proceedings for divorce it appears to the court that there is a reasonable possibility of a reconciliation between the parties to the marriage, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a reconciliation.
(2) The power of the court to adjourn under subsection (1) shall be additional to any other power of the court to adjourn proceedings.