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Leave to commence or to continue civil proceedings involving disposition or division of property on divorce or custody of children

Administration of Muslim Law Act 1966

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Any person who, on or after the commencement of proceedings for divorce in the Court or after the making of a decree or order for divorce by the Court or on or after the registration of a divorce under section 102, intends to commence civil proceedings in any court involving any matter relating to the disposition or division of property on divorce or custody of any child where the parties are Muslims or were married under the provisions of the Muslim law, must apply to the Court for leave to commence the civil proceedings.(2) Where proceedings for divorce are commenced in the Court or a decree or order for divorce is made by the Court or a divorce is registered under section 102 after civil proceedings between the same parties are commenced in any court involving any matter relating to the custody of any child, any party who intends to continue the civil proceedings must apply to the Court for leave to continue the civil proceedings.(3) The Court must not grant leave to commence the civil proceedings under subsection (1) or to continue the civil proceedings under subsection (2) unless the Court is satisfied that every party who will be affected by such leave has been notified of the application at least 7 days before the grant of such leave.(4) The Court is to, if it grants the application for leave under subsection (1) or (2), issue a commencement certificate or a continuation certificate, respectively, to the applicant —(a)not later than 21 days after granting such leave; or(b)where an appeal against the grant of such leave has been made under section 55, when the decision of the Court to grant such leave has been confirmed on appeal or the appeal has been discontinued.(5) This section does not apply if the parties to the civil proceedings —(a)mentioned in subsection (1) consent to the commencement of the civil proceedings, or mentioned in subsection (2) consent to the continuation of the civil proceedings; and(b)mentioned in subsection (1) or (2) have obtained a certificate of attendance issued under subsection (7).(6) Parties mentioned in subsection (1) or (2) must, before commencing or continuing (as the case may be) the civil proceedings by consent, attend counselling provided by such person as the Court may appoint.(7) The Court is to, after any party has been counselled under subsection (6), issue a certificate of attendance to that party.(8) For the purposes of this section, any reference to the registration of a divorce, or to a divorce that is registered, under section 102 is to be construed as a reference to the registration of a divorce or to a divorce that is registered under that section before 1 March 2009.

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