Report No. 15
42. Decree nisi for divorce.-
(1) Every decree for divorce under section 30 shall, in the first instance, be a decree nisi, not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the court fixes a shorter time.
[Section 16, Divorce Act.]
(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, by an application made in accordance with such rules as may be made by the High Court in that behalf, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material facts not having been brought before the court, and in any such case the court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the court thinks fit.
[Cf. sections 12(1), 12(2), M.C.A.]
(3) Where a decree nisi has been obtained and no application for the decree to be made absolute has been made within six months from the pronouncement of the decree nisi by the party who obtained the decree, then, at any time within three months from the expiration of the said six months, the party against whom the decree nisi has been granted shall be at liberty to apply to the court and the court, on such application, may make the decree absolute, reverse the decree nisi, require further inquiry or other wise deal with the case as the court thinks fit.
[Cf. section 12(3), M.C.A.]
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