18
CAP. 179]
Matrimonial Causes
[1983 Ed.
Decree of nullity in case of voidable marriage.
1971 c. 44. s. 5.
Granting of decree of nullity.
Application of ss. 15(5). 16 and 17 to nullity proceedings.
1965 2. 78, s. 10.
Collusion not to be bar to relief in nullity proceedings.
1971 2 445, 60]).
common law, section 20(1) is without prejudice to any ground on which the marriages may be void under those Acts or as the case may be, by virtue of the rules governing the celebration of marriages outside Hong Kong under common law.
(Added, 33 of 1972, s. 13)
20B. A decree of nullity granted after 30 June 1972 on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the decree has been made absolute, and the marriage shall, notwithstanding the decree, be treated as if it had existed up to that time.
(Added, 33 of 1972, s. 13)
21. If the court is satisfied that the case for the petition has been proved, the court shall grant a decree of nullity.
22. Sections 15(5), 16 and 17 shall apply in relation to proceedings for nullity of marriage as if for any reference in those provisions to divorce there were substituted a reference to nullity of marriage.
(Amended, 33 of 1972, s. 14;
23. Collusion shall not be a bar to the granting of a decree of nullity, whether the marriage took place, or the proceedings were instituted, before or after 1 July 1972.
(Added, 33 of 1972. s. 15)
Judicial separation.
1969 c. 55, s. 8(2).
1969 c. 55. s. 8(3).
(Cap 192)
1965 c. 72. s. 12.
PART V
OTHER MATRIMONIAL SUITS
24. (1) A petition for judicial separation may be presented to the court by either party to a marriage on the ground that any such fact as is mentioned in section 11A(1) exists, and sections 11A(2), (3), 15A and 18A shall apply in relation to such a petition as if they apply in relation to a petition for divorce. (Replaced, 33 of 1972, s. 16)
(1A) The court hearing a petition for judicial separation shall not be concerned to consider whether the marriage has broken down irretrievably and if it is satisfied on the evidence of any such fact as is mentioned in section 11A(1). it shall. subject to section 18 of the Matrimonial Proceedings and Property Ordinance. grant a decree of judicial separation. (Added, 33 of 1972, s. 16. Amended, 39 of 1972, s. 33)
(2) Where the court grants a decree of judicial separation it shall no longer be obligatory for the petitioner to cohabit with the respondent.
(3) The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and on being satisfied that the allegations in the petition are true. rescind the
18
CAP. 179]
Matrimonial Causes
[1983 Ed.
Decree of nullity in case of voidable marriage.
1971 c. 44. s. 5.
Granting of decree of nullity.
Application of ss. 15(5). 16 and 17 to nullity proceedings.
1965 2. 78, s. 10.
Collusion not to be bar to relief in nullity proceedings.
1971 2 445, 60]).
common law, section 20(1) is without prejudice to any ground on which the marriages may be void under those Acts or as the case may be, by virtue of the rules governing the celebration of marriages outside Hong Kong under common law.
( Added, 33 of 1972, s. 13)
20B. A decree of nullity granted after 30 June 1972 on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the decree has been made absolute, and the marriage shall, notwithstanding the decree, be treated as if it had existed up to that time.
Added, 33 of 1972, s. 13)
21. If the court is satisfied that the case for the petition has been proved, the court shall grant a decree of nullity.
22. Sections 15(5), 16 and 17 shall apply in relation to proceed- ings for nullity of marriage as if for any reference in those provisions to divorce there were substituted a reference to nullity of marriage.
(Amended, 33 of 1972, s. 14;
23. Collusion shall not be a bar to the granting of a decree of nullity, whether the marriage took place, or the proceedings were instituted, before or after 1 July 1972.
Added, 33 of 1972. s. 15)
Judicial separation.
1969 c. 55, s. 8(2).
1969 c. 55. s. 8(3).
(Cap 192)
1965 c. 72. s. 12.
PART V
OTHER MATRIMONIAL SUITS
24. (1) A petition for judicial separation may be presented to the court by either party to a marriage on the ground that any such fact as is mentioned in section 11A(1) exists, and sections 11A(2), (3), 15A and 18A shall apply in relation to such a petition as if they apply in relation to a petition for divorce. (Replaced, 33 of 1972, s. 16)
(1A) The court hearing a petition for judicial separation shall not be concerned to consider whether the marriage has broken down irretrievably and if it is satisfied on the evidence of any such fact as is mentioned in section 11A(1). it shall. subject to section 18 of the Matrimonial Proceedings and Property Ordinance. grant a decree of judicial separation. Added, 33 of 1972, s. 16. Amended, 39 of 1972, s. 33)
(2) Where the court grants a decree of judicial separation it shall no longer be obligatory for the petitioner to cohabit with the respondent.
(3) The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and on being satisfied that the allegations in the petition are true. rescind the
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