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DIVORCE ACT.

ARRANGEMENT OF SECTIONS.

   Section

PRELIMINARY.

   1.   Limitations of Act.

   2.   Interpretation.

   3.   Jurisdiction.

DISSOLUTION OF MARRIAGE.

   4.   Grounds for divorce.

   5.   Corespondent.

   6.   Scope of inquiry by the court.

   7.   When petition shall be dismissed.

   8.   When petition shall be granted.

   9.   Condonation of adultery.

   10.   Grant of relief to the respondent.

NULLITY OF MARRIAGE.

   11.   Petitions for nullity of marriage.

   12.   Grounds for decree of nullity.

   13.   Children of annulled marriage.

JUDICIAL SEPARATION AND PROTECTION ORDERS.

   14.   Grounds for judicial separation.

   15.   Property of wife after judicial separation.

   16.   Contracts, etc. of wife after judicial separation.

   17.   Petition to reverse decree of judicial separation.

   18.   Protection orders.

   19.   Effect of reversal, etc. of judicial separation or protection order.

RESTITUTION OF CONJUGAL RIGHTS.

   20.   Restitution of conjugal rights.

GENERAL.

   21.   Damages for adultery.

   22.   Costs against a corespondent.

   23.   Alimony pendente lite.

   24.   Permanent alimony.

   25.   Discharge or alteration of order for alimony.

   26.   Settlement of the wife's property.

   27.   Power to vary settlements.

   28.   Powers of the court as to settlements.

   29.   Custody of children.

   30.   Procedure.

   31.   Petitions.

   32.   Service of petition.

   33.   Examination of witnesses.

   34.   Husband and wife compellable witnesses.

   35.   Sittings in camera.

   36.   Adjournment.

   37.   Making decrees nisi decrees absolute.

   38.   Enforcement of orders and appeals.

   39.   Remarriage of the parties.

   40.   Clergyman of Church of Uganda not bound to marry a divorced guilty party.

   41.   Another may perform service.

   42.   Rules of court.

CHAPTER 249
DIVORCE ACT.

Commencement: 1 October, 1904.

   An Act relating to divorce.

PRELIMINARY.

1.   Limitations of Act.

   Nothing in this Act shall authorise—

   (a)   the making of any decree of dissolution of marriage unless the petitioner is domiciled in Uganda at the time when the petition is presented;

   (b)   the making of any decree of nullity of marriage unless the petitioner is domiciled in Uganda at the time when the petition is presented or unless the marriage was solemnised in Uganda.

2.   Interpretation.

   In this Act, "minor children" means—

   (a)   in the cases of Africans, Indians and Pakistanis, boys who have not attained the age of 15 years and girls who have not attained the age of 13 years;

   (b)   in other cases, it means unmarried children who have not attained the age of 18 years.

3.   Jurisdiction.

   (1) Where all parties to a proceeding under this Act are Africans or where a petition for damages only is lodged in accordance with section 21, jurisdiction may be exercised by a court over which presides a magistrate grade I or a chief magistrate.

   (2) In all other cases jurisdiction shall be exercised by the High Court only.

   (3) Such jurisdiction shall, subject to this Act, be exercised in accordance with the law applied in matrimonial proceedings in the High Court of Justice in England.

DISSOLUTION OF MARRIAGE.

4.   Grounds for divorce.

   (1) A husband may apply by petition to the court for the dissolution of his marriage on the ground that since the solemnisation of the marriage his wife has been guilty of adultery.

   (2) A wife may apply by petition to the court for the dissolution of her marriage on the ground that since the solemnisation of the marriage—

   (a)   her husband has changed his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman; or

   (b)   has been guilty of—

      (i)   incestuous adultery;

      (ii)   bigamy with adultery;

      (iii)   marriage with another woman with adultery;

      (iv)   rape, sodomy or bestiality;

      (v)   adultery coupled with cruelty; or

      (vi)   adultery coupled with desertion, without reasonable excuse, for two years or upwards.

5.   Corespondent.

   Where the husband is the petitioner, he shall make the alleged adulterer a corespondent to the petition unless he is excused by the court from doing so on one of the following grounds—

   (a)   that the respondent is leading the life of a prostitute, and that he knows of no person with whom the adultery has been committed;

   (b)   that he does not know the name of the alleged adulterer although he has made due efforts to discover it; or

   (c)   that the alleged adulterer is dead.

6.   Scope of inquiry by the court.

   The court shall satisfy itself, so far as it reasonably can, as to the facts alleged, and also whether or not the petitioner has been in any manner accessory to or conniving at the going through of the form of marriage or the adultery complained of, or has condoned it, and shall also inqui

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