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The High Court allowed a third matrimonial appeal, holding the divorce petition was incompetent because no marriage reconciliation certificate was properly on record.
The certificate from the Marriage Conciliation Board was not tendered as evidence during trial, nor linked with oral testimony, thus the trial court's proceedings were invalid and the District Court's nullification was correct.
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The High Court allowed a matrimonial appeal, holding the divorce petition was premature because the conciliation board process was not properly completed or proved.
The High Court struck out a divorce petition because the annexed ward tribunal certificate was invalid, having been issued after ex parte proceedings without hearing the respondent.
The High Court allowed an appeal in a divorce-related matter, holding that failure to refer the dispute to the Marriage Conciliation Board vitiated the proceedings.
The trial and first appellate courts misdirected themselves by treating an annexed but untendered certificate from the Marriage Conciliation Board as sufficient proof of jurisdiction. The absence of a properly tendered certificate vitiated the proceedings, rendering the trial court without jurisdiction to entertain the divorce petition.
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The High Court dismissed an application to bypass the Marriage Conciliation Board, holding that no extraordinary circumstances were shown to make referral impracticable.
The application for leave to appeal is granted solely on the ground that the applicant was arguably denied the right to be heard regarding the defect in the Marriage Conciliation Board certificate, which is an arguable issue for the Court of Appeal.
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The certificate issued by the Social Welfare Officer was not from a properly constituted Marriage Conciliation Board as required by law, rendering the petition for divorce incompetent and the proceedings and decisions of both lower courts nullities.
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The trial Magistrate erred by proceeding with the hearing and issuing orders without a valid certificate from the Marriage Conciliation Board, rendering the proceedings a nullity. The petition was prematurely registered and should have been struck out to allow parties to follow proper procedure.
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