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The trial and first appellate courts lacked jurisdiction to entertain the matrimonial cause because the mandatory requirement of referring the dispute to the Marriage Conciliation Board and obtaining a certificate of failure to reconcile was not fulfilled. Consequently, the proceedings and judgments of the lower courts were null and void.
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The High Court dismissed NBC Limited’s certiorari application, holding that the Minister for Labour acted within section 26(2) by ordering a rehearing before a competent conciliation board.
The trial court lacked jurisdiction to entertain the divorce petition as the parties had not referred their matrimonial dispute to the Conciliation Board, nor was the petitioner exempted under the law. The division of matrimonial property was not properly conducted, and the maintenance order lacked legal justification. The revision application, though delayed, was not strictly time-barred due to the invocation of inherent powers, but the applicant failed to explain the delay and was not diligent.
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