CAP. 179]
Power to rescind decree nisi in certain cases. 1969 c. 55. s. 5.
Intervention of the Proctor.
1965 2.72. N. O
Proceedings after decree nisi. 1965.2.
Matrimonial Causes
[1983 Ed.
the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interest of those parties and of any children or other persons concerned, and if the court is of opinion that the dissolution of the marriage will result in grave financial or other hardship to the respondent and that it would in all circumstances be wrong to dissolve the marriage it shall dismiss the petition.
(3) For the purposes of this section hardship shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the marriage were not dissolved.
(Added, 33 of 1972, s. 7)
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 11A(1)(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 matter which the respondent has taken into account in deciding to consent to the grant of a decree.
(Added, 33 of 1972, s. 7)
16. (1) In the case of a petition for divorce---
(a) the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Proctor, who shall instruct counsel to argue before the court any question in relation to the matter which the court deems it necessary or expedient to have fully argued;
(b) any person may at any time during the progress of the proceedings or before the decree nisi is made absolute give information to the Proctor on any matter material to the due decision of the case, and the Proctor may thereupon take such steps as he considers necessary or expedient. (Amended, 33 of 1972, s. 8)
(2) Where the Proctor intervenes or shows cause against a decree nisi in any proceedings for divorce, the court may make such order as may be just as to the payment by other parties to the proceedings of the costs incurred by him in so doing or as to the payment by him of any costs incurred by any of those parties by reason of his so doing.
17. (1) Where a decree nisi of divorce has been granted but not made absolute, then, without prejudice to section 16, any person (excluding a party to the proceedings other than the Proctor) may show cause why the decree should not be made absolute by reason of material facts not having been brought before the court: and in such a case the court may-
(a) notwithstanding anything in section 15(5), make the decree absolute; or
12
CAP. 179]
Power to rescind deciec nisi in certain cases. 1969 c. 55. x. 5.
Intervention of the Proctor.
1965 2.72. N. O
Proceedings after decree nisi. 1965.2.
Matrimonial Causes
[1983 Ed.
the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interest of those parties and of any children or other persons concerned, and if the court is of opinion that the dissolution of the marriage will result in grave financial or other hardship to the respondent and that it would in all circumstances be wrong to dissolve the marriage it shall dismiss the petition.
(3) For the purposes of this section hardship shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the marriage were not dissolved.
( Added, 33 of 1972, s. 7 j
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 11A(1)(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 matter which the respondent has taken into account in deciding to consent to the grant of a decree.
( Added. 33 of 1972, s. 7)
16. (1) In the case of a petition for divorce---
(a)
the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Proctor, who shall instruct counsel to argue before the court any question in relation to the matter which the court deems it necessary or expedient to have fully argued:
(b) any person may at any time during the progress of the proceedings or before the decree nisi is made absolute give information to the Proctor on any matter material to the due decision of the case, and the Proctor may thereupon take such steps as he considers necessary or expedient. (Amended. 33 of 1972. s. 8)
(2) Where the Proctor intervenes or shows cause against a decree nisi in any proceedings for divorce, the court may make such order as may be just as to the payment by other parties to the proceedings of the costs incurred by him in so doing or as to the payment by him of any costs incurred by any of those parties by reason of his so doing.
17. (1) Where a decree nisi of divorce has been granted but not made absolute, then, without prejudice to section 16. any person (excluding a party to the proceedings other than the Proctor) may show cause why the decree should not be made absolute by reason of material facts not having been brought before the court: and in such a case the court may-
(a) notwithstanding anything in section 15(5). make the decree
absolute; or
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