Amendment
Power to rescind decree misi in certain ca949.
1960 £. 55.
$.
of section 16.
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15C. Where the court on granting a decree nisi of divorce holds that the only fact on which the petitioner is entitled to rely in support of his petition is that mentioned in section 1A(d), it may, on application made by the respondent at any time before the decree is made absolute, rescind the decree if it is satisfied that the petitioner has misled the respondent, whether intentionally or unintentionally, about any matler which the respondent has taken into account in deciding to consent to the grant of a decree.".
Section 16(1) of the principal Ordinance is amended— (a) in paragraph (b), by deleting the semicolon at the end
thereof and substituting a full stop; and
(b) by deleting paragraph (c).
Amendment of section 17.
9.
Addition of
new section
17A.
Section 17(1) of the principal Ordinance is amended. (a) by deleting "either by reason of its having been obtained
by collusion or"; and
(6) in paragraph (a), by deleting "(7)" and substituting the
following-
*(5)".
10. The principal Ordinance is amended by adding after sec- tion 17 the following new section-
"Financial
protection
for re- spondent in certain
cases.
1.6.
17A. (1) This section shall apply where- (a) the respondent to a petition for divorce in which the petitioner alleges any such fact as is mentioned in section 11A(1)d) or (e) has applied to the court under this section for it to consider the financial position of the respondent after the divorce; and
(b) a decree nisi of divorce has been granted on the petition and the court holds that the only Fact on which the petitioner is entitled to rely in support of bis petition is that mentioned in section 11A(1)(d) or (e).
(2) The court hearing an application by the respondent under subsection (1) shall consider-
(a) all the circumstances, including the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties; and
(b) the financial position of the respondent as, having regard to the divorce, it is likely to
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be after the death of the petitioner should the petitioner die first.
(3) Notwithstanding anything in this Ordinance but subject to subsection (4), the court shall not make absolute the decree of divorce if an application has been made under subsection (1), unless it is satisfied that-
(a) the petitioner should not be required to make any financial provision for the respondents
or
(b) the financial provision made by the peti- tioner for the respondent is reasonable and fair or the best that can be made in the cir- cumstances.
(4) The court may, if it thinks fit, proceed without observing the requirements of subsections (2) and (3)
if
(4) it appears that there are circumstances making it desirable that the decree should be made absolute without delay; and (b) the court has obtained a satisfactory under- taking from the petitioner that he will make such financial provision for the respondent as the court may approve.".
11. The principal Ordinance is amended by adding after sec- tion 18 the following new sections—
"Court not to dismiss petition or application to make absolute a decree miri on ground
18A. Without prejudice to any provision of this Ordinance which empowers or requires the court to dismiss a petition for divorce or judicial separation or to dismiss an application for a decree nisi to be made absolute, nothing in any rule of law shall be taken as empowering or requiring the court to dismiss of collusion such a petition or application on the ground of collu- sion between the parties in connexion with the pre- sentation or prosecution of the petition or the obtain- ing of the decree nisi or on the ground of any conduct on the part of the petitioner.
or miscon- duct of petitioner.
1969 . 5.5. L93).
Rules,
1999 - 31.
■. 206).
18B. The Chief Justice may make rules for the purposes of-
(a) ensuring that, where on a petition for divorce the petitioner, in pursuance of section [[A(D)(d), alleges that the respondent con-
Addition of new sections 18A and 18B.