Section 5, The Matrimonial Causes (Amendment) Ordinance, 1961

Section 30 of the principal Ordinance is hereby repealedreplacement and replaced by the following section of section 30 of the prin cipal Ord. Jurisdic- 30. (1) The court shall have jurisdiction in tion of court cases where Proceedings by a wife for divorce, notwithstanding that the husband is not domiciled in Sierra Leone, if the peti tioner is not the wife is resident in Sierra Leone and has been domiciled in ordinarily resident there for a period of three years Sierra Leone. jmmediately preceeding the commencement of the proceedings. (2) Without prejudice to any jurisdiction exercis able by the court apart from this section, the provisions of the preceding subsection shall apply to proceedings for nullity of marriage as they apply to proceedings for divorce. No. 16 Matrimonial Causes (Amendment) 1961 (3) In procecdings under subscction (1) of scCtion 29 of this Ordinance thc court shall havcjurisdiction in thc following cuscs only, that is to say (a) n any procccdings, if the pctitioncr is domiciledin Sierra Leonc; (0) in procecdings by the wilc, if shc is resident inSierra Lcone and has been ordinarily residentthere for a period of three years immediateypreceding the commencement of the proceedngs ; and in determining for the purposes of this subsectionwhether a woman is domiciled in Sierra Leone, herhusband shall be treated as having died immediatelyafter the last 0ccasion on which she knew or hadreason to believe him to be living. (4) Where a wife has been deserted by herhusband or where her husband has been deported fromSierra Leone under any law for the time being in forcerelating to deportation or expulsion, and the husbandwas immediately before the desertion, deportation orexpulsion domiciled in Sierra Leone, the court shallhave jurisdiction for the purpose of any proceedingsunder this Ordinance notwithstanding that the husbandhas changed his domicile since the desertion, deportation or expulsion. (5) In any proceedings in which the court has jurisdiction by virtue of this section, the issues shallbe determined in accordance with the law which wouldbe applicable thereto if both parties were domiciledin Sierra Leone at the tme of the proceedings.". M.P. 12099 Passed in the House of Representatives this 28th day of March, inthe year of our Lord one thousand nine hundred and sixty-one, A 139 S. V. WRIGHT, Clerk of the House of Representatives. THIS PRINTED IMPRESSION has been carefully compared by me withthe Bill which has passed the House of Representatives and found by me tobe a true and correct copy of the said Bil1. S. V. WRIGHT, Clerk of the House of Representatives.