On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 07/05/1999.
9. The principal Act is amended by inserting, immediately after section 35, the following sections:
“Leave to commence or to continue civil proceedings involving disposition or division of property on divorce or custody of children
35A.
—(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, shall 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 shall apply to the Court for leave to continue the civil proceedings.
(3) The Court shall 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 shall, 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 shall not apply if the parties to the civil proceedings —
(a)
mentioned in subsection (1) consent to the commencement of the civil proceedings in any court or mentioned in subsection (2) consent to the continuation of such 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) shall, 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 shall, after any party has been counselled under subsection (6), issue a certificate of attendance to that party.
35B.
—(1) The Court shall stay proceedings before it —
(a)
involving any matter in respect of which it has issued a certificate under section 35A(4), upon issuing the certificate;
(b)
involving any matter relating to maintenance of any wife during the subsistence of the marriage, if it comes to the knowledge of the Court that civil proceedings relating to maintenance of the wife have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it;
(c)
involving any matter relating to the maintenance of any child of the parties, if it comes to the knowledge of the Court that civil proceedings relating to the maintenance of the child have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it;
(d)
to which section 35A(1) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been commenced in any court by the consent of the parties; or
(e)
to which section 35A(2) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been continued in any court by the consent of the parties.
(2) Where leave granted by the Court under section 35A is reversed on appeal under section 55, the Court may restore any proceedings which have been stayed under subsection (1) (a).
(3) Nothing in this section shall prevent the Court from exercising its powers under sections 51(2) and 52 (1), (2) and (3) (a) and (b).”.