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The High Court set aside a District Court ruling for deciding a matrimonial appeal without hearing the parties on the marriage conciliatory board issue.
The trial court lacked jurisdiction to entertain the matter as no certificate from the marriage conciliatory board was tendered or admitted as an exhibit, rendering all proceedings and decisions a nullity.
Source excerpt
The appeal was allowed because the petition for divorce was incompetent without a certificate from the Marriage Conciliatory Board and all witness testimonies were invalid as they were not sworn or affirmed, rendering the trial court's proceedings, judgment, and orders null and void.
Source excerpt
Despite procedural irregularities regarding the Board's jurisdiction and the form of the certificate, the court found that, due to the long-standing desertion and irreparable breakdown of the marriage, reference to the Board was impracticable under section 101(f) of the Law of Marriage Act. The appeal was dismissed and the divorce decree upheld.
Source excerpt
The High Court allowed an appeal from a divorce order, holding that the primary court lacked jurisdiction without a conciliatory board certificate and committed procedural errors.
The High Court allowed a matrimonial appeal because the divorce petition had not been referred to a Marriage Conciliatory Board as required by section 101.
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