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Kiribati Consolidated Legislation |
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1977
CHAPTER 60
NATIVE DIVORCE
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Application
3. Interpretation
4. Grounds for divorce
5. Jurisdiction and procedure of court
6. Procedure and forms
SCHEDULE
-----------------------------------------------------------------------------
An
Ordinance to provide for the hearing and granting of petitions of divorce
between natives
4 of 1941
(s. 55 of Cap. 18 of
1952)
10 of 1965
8 of 1968
9 of 1969
9 of 1971
3 of 1972
(Cap.
21 of 1973)
26 of 1977
Commencement: 1st February 1948
Short
title
1.
This Ordinance may be cited as the Native Divorce
Ordinance.
Application
2.
The provisions of this Ordinance shall apply within the jurisdiction of every
magistrates'
court.
Interpretation
3.
In this Ordinance unless the context otherwise requires -
"court" means a magistrates' court;
"island" bears the meaning ascribed to that term in the Magistrates' Courts Ordinance.
[Cap 52]
Grounds
for
divorce
4.
A petition for divorce may be presented to the court either by the husband or
the wife on the ground that-
(a) the respondent has, since the celebration of the marriage, committed adultery; or
(b) the respondent has deserted the petitioner without cause for a period of at least 3 years immediately preceding the presentation of the petition; or
(c) the respondent has, since the celebration of the marriage, treated the petitioner with cruelty; or
(d) the respondent has wilfully refused to consummate or is incapable of consummating the marriage; or
(e) the respondent is certified by a medical officer to be incurably of unsound mind, and has been continuously under care and treatment for a period of at least 5 years since the celebration of the marriage and immediately preceding the presentation of the petition; or
(f) the respondent is certified by a medical officer to have been subject during the 3 years previous to the presentation of the petition to recurrent fits of epilepsy; or
(g) the respondent is certified by a medical officer to be suffering from venereal disease; or
(h) the marriage was induced by duress or mistake; or
(i) the parties were within the prohibited degrees of consanguinity or affinity; or
(j) the temperaments of the parties to the marriage are incompatible.
Jurisdiction
and procedure of
court
5.
(1) A court shall have power to hear and adjudicate upon petitions under this
section for the dissolution of marriages between natives
when both petitioner
and respondent are domiciled in the Gilbert Islands and the petitioner is
ordinarily resident within the jurisdiction
of such
court.
(2) Every decree for
divorce pronounced by such court shall, in the first instance, be a decree nisi
and shall not become absolute
unless and until-
(i) in the event of an appeal to the High Court against the making of such decree nisi, the court finally determining such appeal so orders; or
(ii) in any other case, an order to such effect is made by a judge after review by him of the proceedings under the provisions of the Magistrates' Courts Ordinance.
[Cap. 52]
(3)
Upon the making absolute any decree of divorce granted under subsection (2) the
court shall issue a certificate of divorce in
the form contained in the Schedule
to both the petitioner and the respondent upon their requesting the
same.
(4) For filing each petition
under this section the petitioner shall pay to the court such sum as may for the
time being be prescribed
therefor under the provisions of the Magistrates'
Courts
Ordinance.
Procedure
and
forms
6.
The Chief Justice may prescribe rules of court to regulate the procedure to be
followed and the forms to be used in divorce cases;
and the forms contained in
the Schedule shall be followed and used unless and until varied, amended or
replaced.
----------------------------------------------------------------------
SCHEDULE
(Sections 5(3) and 6)
Form 1-Certificate of divorce to be given to a man
CERTIFICATE OF DIVORCE
.............. No.
In the
Magistrates' Court in and for the District of
.....................
The divorce
of
(man)
................. and
(woman)
........................
To the
man ..............
A decree nisi
of divorce is this day pronounced between you
(man)
............ and your wife
(woman)
...............before this
Court.
Dated ..............
19....
.............................
................................
Clerk
of the Court Presiding Magistrate
Having dismissed the
appeal in the above suit
or
Having reviewed the proceedings in the above suit
(delete as
appropriate) I HEREBY ORDER that the
above decree nisi be
absolute.
Dated ..............
19....
.......................
Judge Seal of the High Court
(This form to be given to
the man)
----------------------------------------
Form 2-Certificate of divorce to be given to a woman.
CERTIFICATE OF DIVORCE
.............. No.
In the
Magistrates' Court in and for the District of
.....................
The divorce
of
(woman)
..................... and
(man)
.........................
To the
woman ..............
A decree nisi
of divorce is this day pronounced between you
(woman)
................and your husband
(man)
.............. before this
Court.
Dated ..............
19....
................................
....................................
Clerk
of the Court Presiding Magistrate
Having dismissed the
appeal in the above suit
or
Having reviewed the proceedings in the above suit
(delete as
appropriate) I HEREBY ORDER that the
above decree nisi be
absolute.
Dated ..............
19....
..................................
Judge Seal of the High Court
(This form to be given to
the woman)
--------------------------------------------------------
Native Divorce
Form 3-Register of divorces
NATIVE
DIVORCE REGISTER OF THE MAGISTRATE'S COURT OF AND FOR THE DISTRICT OF
..............................................
Year
|
Divorce No.
|
Name and Island
of
Petitioner |
Name and Island
of
Respondent |
Name and Island
of
Co-respondent (if any) |
Ground of
Petition
|
Date of
Magistrates'
Court's Decree |
Signature of
Presiding
Magistrate |
Date of
confirmation
|
Signature and title
of
confirming officer |
|
|
of
|
of
|
of
|
|
|
|
|
|
|
|
of
|
of
|
of
|
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