(1) At the conclusion of the hearing of a petition for separation or divorce, the
court may–
(a) if satisfied that the marriage has broken down and, where the petition is for
divorce, that the break down is irreparable, grant a decree of separation or
divorce, as the case may be, together with any ancillary relief; or
(b) if not so satisfied, dismiss the petition, and where there is a cross-petition or
cross-prayer the court may if satisfied as aforesaid, grant a decree on the
petition or on the cross-petition or cross-prayer as it may deem fit with any
ancillary relief to either party or, if not so satisfied, dismiss both the petition and
the cross-petition or cross-prayer.
(2) Where the petition or the cross-petition or cross-prayer, if any, is for a decree
of divorce, the court may adjourn the proceedings for such period, not exceeding six
months, as the court may think fit, for further inquiries or further attempts at reconciliation
to be made and may direct that inquiries or attempts be made by a Board.
(3) Where a decree of separation or divorce is granted, it shall include provision
for the maintenance and custody of the infant children, if any, of the marriage:
Provided that the court may grant a decree which includes an interim order as to
custody, reserving its final order pending further inquiries as to the most satisfactory
arrangements that can be made.
111. Effect of decree of separation
A decree of separation shall relieve the parties of the duty to cohabit and to
render each other help and companionship and, except so far as the decree otherwise
provides, of the duty to maintain each other, but shall not dissolve their marital status.
112. Effect of decree of divorce
(1) Subject to the provisions of subsection (3), a decree of divorce shall dissolve
the marital status of the parties as from a date thirty days from the date of the decree, if
no appeal or notice of appeal, as the case may be, has been filed within that time, or in
any other case, on the final determination of the appeal or, where a second or
subsequent appeal lies, on the final determination of that appeal or on the expiration of
the time for giving notice of appeal.
(2) A marriage which has been dissolved shall not be an impediment to the
subsequent marriage of either of the parties thereto.
(3) Where a decree of divorce is granted pursuant to the provisions of subsection
(3) of section 107, the marriage shall, unless the court otherwise directs, be deemed to
have been dissolved as from the date when the dissolution would, but for this Act, have
taken effect in accordance with the Islamic law.
113. Power of court to set aside or vary decrees of separation
(1) The court shall set aside a decree of separation on the joint application of the
parties.
(2) The court may set aside a decree of separation on the application of either
party where it is satisfied that the decree was obtained as the result of misrepresentation
or mistake of fact.
(3) The court may vary the terms of the decree of separation on the application of
the parties or either of them where there has been any material change in the
circumstances.
(g) Division of Assets and Maintenance as between Husband and Wife (ss 114-
124)
114. Power of court to order division of matrimonial assets
(1) The court shall have power, when granting or subsequent to the grant of a
decree of separation or divorce, to order the division between the parties of any assets