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muslim matrimonial usa

Subject to the following provisions of this Part of this Act, a petition under this Act for nullity of marriage may be based on the ground that the marriage is void, or on the ground that the marriage is voidable at the suit of the petitioner. For the purposes of this Act, a person shall be deemed to have been convicted of an offence if he has been convicted of that offence otherwise than by a court in its exercise of summary jurisdiction or on appeal from such a court. A person to whom an attachment of earnings order is directed shall, notwithstanding anything in any other law, but subject to this Schedule, comply with the order or, if the order is varied, with the order as varied.             References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household. A document purporting to he a statement referred to in the last preceding paragraph shall, in any proceedings relating to an attachment of earnings order, be received in evidence and shall, unless the contrary is shown, be presumed without further proof to be such a statement. An order varying an attachment of earnings order shall not come into force until the expiration of seven days after the date on which the order is served on the person to whom the attachment of earnings order is directed.             A provision of this Act shall not affect the validity or invalidity of a marriage where it would not be in accordance with the rules of private international law to apply that provision in relation to that marriage.             While a decree of judicial separation is in operation, either party to the marriage may bring proceedings in contract or in tort against the other party. sophisticated dating sites. Where an attachment of earnings order ceases to have effect, the proper officer of the court by which the order was made shall forthwith give notice accordingly to the person to whom the order was directed. The prohibited degrees of consanguinity and affinity respectively on and after the commencement of this Act shall be those set out in the First Schedule to this Act, and none other. oriental dating sites. Where it appears to the court discharging a maintenance order that arrears under the order will remain to be recovered under the order, the court may in its discretion direct that the attachment of earnings order shall not cease to have effect until those arrears have been paid. The court by which an attachment of earnings order has been made may in its discretion, on the application of the defendant or a person entitled to receive payments under the maintenance order, make an order discharging or varying the attachment of earnings order. In proceedings under this Act the court may, subject to rules of court, make such order as to costs and security for costs, whether by way of interlocutory order or otherwise, as the court thinks just.            Where a decree of dissolution of marriage under this Act has become absolute, a party to the marriage may marry again as if the marriage had been dissolved by death.          A minister of religion shall not be bound to solemnise the marriage of a person whose former marriage has been dissolved, whether in Nigeria or elsewhere, otherwise than by death.             A petition under this Act by a party to a marriage for a decree of dissolution of the marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably.            Where a decree is made under this Act it shall have effect in all States of the Federation.             A delegation under this section shall be revocable at will and the fact that any power or function has been delegated shall not prevent the exercise of the power or the performance of the function by the Attorney-General of the Federation.             Nothing in this section shall prevent the institution of proceedings, after the period of two years from the date of the marriage, based upon matters which have occurred within that period.

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            The foregoing sub-paragraph shall not apply in respect of any payment made after the application has been withdrawn or any appeal from a determination made on the application has been abandoned. Where a provision of this Act requires the court to be satisfied of the existence of any ground or fact or as to any other matter, it shall be sufficient if the court is reasonably satisfied of the existence of that ground or fact, or as to that other matter.

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Nothing in this Part shall prevent a wife, during separation under a decree of judicial separation, from joining in the exercise of any power given to herself and her husband jointly.             Where a deed or instrument is executed pursuant to this section, the court may make such order as it thinks just as to the payment of the costs and expenses of and incidental to the preparation and execution of the deed or instrument.          Service of process of a court under this Act may be effected in or outside the Federation in accordance with rules of court, so however that the court, where it thinks it necessary or expedient to do so, may dispense with service of process. In this section, "foreign country" means a country, or part of a country, outside the Federation.             A party or a person acting in collusion with a party may be ordered to pay the costs of any other party, or of a bona fide purchaser or other person interested, of and incidental to any such instrument or disposition and the setting aside or restraining of the instrument or disposition. This Act may be cited as the Matrimonial Causes Act. In proceedings under this Act the court may receive as evidence of the facts stated in it, a document purporting to be either the original or a certified copy of any certificate, entry or record of a birth, death or marriage alleged to have taken place whether in Nigeria or elsewhere. The court may, in a particular case, if it is of opinion that there are special circumstances which justify its so doing, order that this section shall apply in relation to a child of the marriage who has attained the age of sixteen years at the date of the decree nisi. In this section, "decision" means any decree, order or other determination. Arrangement of Sections Subsidiary Legislation If a matrimonial cause has been instituted before the commencement of this Act but not completed, it shall be continued and dealt with only in accordance with the provisions of this Act.             The court shall, so far as is practicable, hear and determine at the same time all proceedings instituted by the one petition. In this section, a reference to the leave of the court shall be deemed to include a reference to leave granted by a court on appeal. The execution of the deed or instrument by the person so appointed shall have the same force and validity as if it had been executed by the person directed by the order to execute it.             Proceedings for an offence against this section shall not be commenced except by, or with the written consent of the Attorney-General of the Federation. A decree nisi shall not become absolute by force of this section where either of the parties to the marriage has died. A person who makes a payment in compliance with an attachment of earnings order shall give to the defendant a notice specifying particulars of the payment. The court shall not grant leave under this section to institute proceedings except on the ground that to refuse to grant the leave would impose exceptional hardship on the applicant or that the case is one involving exceptional depravity on the part of the other party to the marriage. The court may exercise its powers under this section at any time and at any stage either on application by any of the parties, or of its own motion. Beware of any profile where the country of residence that our system has detected is different from the one the member claims to be living in. For the purposes of this section, "reasonable justification" means justification that is reasonable in all the circumstances, including the conduct of the other party to the marriage since the marriage, whether that conduct took place before or after the agreement for separation. An order under this Act for the payment of maintenance may be enforced in accordance with the Third Schedule to this Act and the provisions of that Schedule shall have effect in relation to the enforcement of any such order. Where a husband and wife are both parties to proceedings under this Act each of them is competent and compellable to disclose communications made between them during the marriage.             The court may make an order for the maintenance of a party notwithstanding that a decree is or has been made against that party in the proceedings to which the proceedings with respect to maintenance are related.             Where persons marry in pursuance of permission granted under this section, the validity of their marriage shall not be affected by the fact that they are within the prohibited degrees of affinity. Subject to this Act, rules of court may make provision for the enforcement of decrees made under this Act by means other than those specified in the preceding provisions of this Part of this Act. An attachment of earnings order shall contain such particulars as the court thinks proper for the purpose of enabling the person to whom the order is directed to identify the defendant.             The court may direct in what manner the damages awarded shall be paid or applied and may, if it thinks fit, direct that they shall be settled for the benefit of the respondent or the children of the marriage.

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            The court shall have regard to the interests, and shall make any order proper for the protection, of a bona fide purchaser or other person interested.            In any proceedings under this Act where the court requests him to do so, the Attorney-General of the Federation may intervene in, and contest or argue any question arising in, the proceedings. A decree of restitution of conjugal rights shall not be enforceable by attachment.            Pending proceedings constituting a matrimonial cause may be continued and dealt with in accordance with and by virtue of this Part of this Act and not otherwise.            Where both a petition for a decree of nullity of a marriage and a petition for a decree of dissolution of that marriage are before a court, the court shall not make a decree of dissolution of the marriage unless it has dismissed the petition for a decree of nullity of the marriage. Where a decree nisi has been made in any proceedings, for the purpose of this Part of this Act, the proceedings shall not be taken to have been finally disposed of until the decree nisi has become absolute.             Except to the extent to which rules of court make provision for proceedings or part of proceedings to be heard in chambers, the jurisdiction of a court under this Act shall, subject to the next succeeding subsection, be exercised in open court. The President may arrange with the Governor of a State for the performance by judges of the High Court of that State of functions under this section. A decree of dissolution of marriage shall not be made if the petitioner, in bringing or prosecuting the proceedings, has been guilty of Collusion with intent to cause a perversion of justice. The officer to whom an employer pays any sum in pursuance of an attachment of earnings order shall pay that sum to such person entitled to receive payments under the maintenance order as is specified by the attachment of earnings order. If the judge is satisfied that the circumstances of the particular case are so exceptional as to justify the granting of the permission sought @e, may, by order, permit the applicants to marry one another. An attachment of earnings order does not come into force until the expiration of seven days after the day on which a copy of the order is served on the person to whom the order is directed. All courts having jurisdiction under this Act shall severally act in aid of and be auxiliary to one another in all matters under this Act.

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Where upon, or in consequence of, the making of a decree of judicial separation a husband is ordered to pay maintenance to his wife, and the maintenance is not duly paid, the husband shall be liable for necessaries supplied for the wife's use. A respondent may, in the answer to the petition, seek any decree or declaration that the respondent could have sought in a petition. An attachment of earnings order shall provide that payments under the order are to be made to an officer of e court specified in the order. The Schedule shall have effect in relation to a defendant notwithstanding any law that would otherwise prevent the attachment of his earnings or limit the amount capable of being attached Preparing Muslims for Marriage Marital problems among Muslims in America are of increasing concern. The court shall not find that a respondent has wilfully and persistently refused to consummate the marriage unless the court is satisfied that, as at the commencement of the hearing of the petition, the marriage had not been consummated. The court shall not grant a decree of dissolution of marriage without receiving evidence by the petitioner in support of the petition.             An order under this section may be made upon such conditions as the court thinks fit, including the giving of security for costs.          Proceedings at first instance constituting a matrimonial cause shall be heard and determined by a judge sitting alone as the court.            Save where other provisions in that behalf is made by this Act, the court, upon being satisfied of the existence of any ground in respect of which relief is sought, shall make the appropriate decree. A decree of dissolution of marriage or nullity of a voidable marriage under this Act shall, in the first instance, be a decree nisi. The court may at any stage of proceedings under this Act, if it is satisfied that the allegations made in respect of a party to the proceedings are frivolous or vexatious, order that that party be dismissed from the proceedings. men seeking men perth. A decree registered in a court under this section may, subject to rules of court, be enforced as if it had been made by the court in which it is registered. Issues like divorce and domestic violence are taking their toll on Muslim families throughout America.            An agreement for separation, whether entered into before or after the commencement of this Act, shall not constitute a defence to proceedings under this Act for a decree of restitution of conjugal rights. craigslist men looking for men.

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For the purposes of this Act, the date of a petition shall be taken to be the date on which the petition was filed in a court having jurisdiction under this Act. A reference in this Part of the Act to the court by which a decree was made shall be construed as including a reference to a court in which the decree is registered under this section. A marriage conciliator shall, before entering upon the performance of his functions as such a conciliator, make and subscribe, before a person authorised in Nigeria to take affidavits, an oath or affirmation of secrecy in accordance with the form in the Second Schedule to this act.             In this Act, "this Division" occurring in a group of sections under an italicised cross-heading means that group of sections. In proceedings with respect to the custody of children of a marriage, the court may, if it is satisfied that it is desirable to do so, make an order placing the children, or such of them as it thinks fit, in the custody of a person other than a party to the marriage.             Where a party to a marriage dies intestate as to any property while a decree of judicial separation is in operation that property shall devolve as if that party had survived the other party to the marriage.             In this section, "disposition" includes a sale and a gift.

Nothing in this Act shall have effect in relation to a marriage which is not a monogamous marriage or which is entered into in accordance with Muslim rites or with any customary law in force in Nigeria.             Damages shall not be awarded under this Act in respect of an act of adultery committed more than three years before the date of the petition.            Where an attachment of earnings order has been made, no writ, order or warrant of commitment or attachment shall be issued or made in proceedings for the enforcement of the maintenance order that were begun before the making of the attachment of earnings order

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