Section 42
Section 42
(1)
A husband or a wife may present an application for divorce to the Court in the prescribed form, containing —
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(a)
particulars of the marriage and the names, ages and sex of the children, if any, of the marriage;
(b)
particulars of the facts giving the Court jurisdiction under section 41;
(c)
particulars of any previous matrimonial proceedings between the parties, including the place where the proceedings took place;
(d)
a statement as to the reasons for the application;
(e)
a statement as to whether any, and if so, what steps had been taken to effect reconciliation;
(f)
the terms of any agreement regarding maintenance and habitation of the wife and the children of the marriage, if any, the care and custody of the children of the marriage, if any, and the division of any assets acquired through the joint effort of the parties, if any, or where no such agreement has been reached, the applicant’s proposal regarding those matters; and
(g)
particulars of the order sought.
(2)
Upon receiving an application for divorce, the Court shall cause a summons to be served on the other party together with a copy of the application made by the applicant, and the summons shall direct the other party to appear before the Court so as to enable it to inquire whether or not the other party consents to the divorce.
(3)
Where the other party consents to the divorce and the Court is satisfied after due inquiry and investigation that the marriage has irretrievably broken down, the Court shall advise the husband to pronounce a talaq before the Court.
(4)
The Court shall record the pronouncement of the talaq and shall deliver a certified copy of the record to both the relevant Registrar and the
Chief Registrar for registration.
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(5)
A talaq raj’ie pronounced by a husband, except where ruju’ has occurred before the end of the ‘iddah period, whether by sarih or by kinayah or by order of the Court, shall not take effect in dissolving the marriage until the end of the ‘iddah period.
(6)
Where the other party does not consent to the divorce or it appears to the Court that there is reasonable possibility of a reconciliation between the parties, the Court may refer the case to the Family Advice
Service Officer.
(7)
The Court may give directions to the Family Advice Service
Officer regarding their implementation.
(8)
The Court may specify a reasonable period during which such officer shall endeavour to achieve a reconciliation.
(9)
The Family Advice Service Officer shall require the attendance of the parties and shall give each of them an opportunity to be heard and may call and hear such other persons and make such inquiries as he thinks fit and may if he considers it necessary, adjourn the proceedings.
(10)
Where the Family Advice Service Officer is unable to effect reconciliation and is unable to persuade the parties to resume their conjugal relationship, the officer shall issue a certificate to that effect and may attach to the certificate such recommendations as he thinks fit regarding maintenance and custody of the minor children of the marriage; but the
Court shall not be bound by those recommendations.
(11)
No advocate and solicitor shall appear or act for any party in any proceedings before the Family Advice Service Officer and no party shall be represented by any person, other than a member of his family, without the leave of the Family Advice Service Officer.
(12)
Where the Family Advice Service Officer reports to the Court that reconciliation has been effected and the parties have resumed their conjugal relationship, the Court shall dismiss the application for divorce.
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(13)
Where the Family Advice Service Officer submits to the Court a certificate that he is unable to effect reconciliation and to persuade the parties to resume their conjugal relationship, the Court shall advise the husband to pronounce one talaq before the Court and where the Court is unable to procure the presence of the husband before the Court to pronounce a talaq, or where the Court does not refer the case to a Family
Advice Service Officer, the Court shall refer the case to the Hakam for action according to section 43.
Divorce by syiqaq and appointment of Hakam as arbitrator.