1.     (1)            After the commencement of this Act, a matrimonial cause shall not be instituted otherwise than under this Act.

(2)            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.

(3)            Where before or after the commencement of this Act a matrimonial cause has been or is instituted, and whether or not it has been completed, proceedings in relation there- to for any relief or order of a kind that could be sought under this Act shall be instituted after the commencement of this Act only under this Act, so however that, subject to the succeeding provisions of this and the next section-

(a)             any jurisdiction of a court of summary jurisdiction of a State or of a court of appeal from such a court, under the law of that State, to make-

(i)             orders with respect to the maintenance of wives or children or the custody of or access to children; or

(ii)            separation orders or other orders having the effect of relieving a party to a marriage from any obligation to cohabit with the other party, shall not be affected by this Act or any proceedings thereunder; and

(b)            proceedings for or in respect of such an order, or for its enforcement, may be continued or instituted as if this Act had not been made.

(4)            Where a marriage is dissolved or annulled by a decree of a court of competent jurisdiction under this Act-

(a)            any jurisdiction of such a court or of a court on appeal from such a court, to make orders of the kind specified in subsection (3) (a) of this section shall, by virtue of this subsection, cease to be applicable in relation to the parties to the marriage or the children of the marriage; and

(b)            any order of that kind (unless it is a maintenance order, when subsection (6) of this section will apply) made by such a court in relation to those parties or children shall cease to have effect. -

(5)            A court in the exercise of its jurisdiction under this Act may at any time by order direct that an order of the kind specified in subsection (3) (a) of this section made by a court of summary jurisdiction, or by a court on appeal from such a court, shall cease to have effect; and that order shall cease to have effect accordingly.

(6)            Where an order of the kind specified in subsection (3) (a) of this section made with respect to the maintenance of a wife or of children ceases to have effect under subsection (4) or (5) of this section, the order made may, in so far as it relates to any period before it so ceased to have effect, be enforced as if this Act had not been made.

2.     (1)            Subject to this Act, a person may institute a matrimonial cause under this Act in the High Court of any State of the Federation; and for that purpose the High Court of each State of the Federation shall have jurisdiction to hear and determine-

(a)             matrimonial causes instituted under this Act; and

(b)            matrimonial causes (not being matrimonial causes to which section 101 of this Act applies) continued in accordance with the provisions o art IX of this Act, so however that jurisdiction under this Act in respect of matrimonial causes within this paragraph shall be restricted to the court in which the matrimonial cause was instituted,

(2)            Proceedings for a decree-

(a)             of dissolution of marriage; or

(b)             of nullity of a voidable marriage; or

(c)             of nullity of a void marriage; or

(d)             of judicial separation; or

(e)             of restitution of conjugal rights; or

(f)             of jactitation of marriage,

(3)            For the avoidance of doubt it is hereby declared that a person domiciled in any State of the Federation is domiciled in Nigeria for the purposes of this Act and may institute proceedings under this Act in the High Court of any State whether or not he is domiciled in that particular State.

3.     (1)            Subject to the provisions of this section, a marriage that takes place after the commencement of this Act is void in any of the following cases but not otherwise, that is to say, where-

(a)             either of the parties is, at the time of the marriage, lawfully married to some other person;

(b)             the parties are within the prohibited degrees of consanguinity or, subject to section 4 of this Act, of affinity;

(c)            the marriage is not a valid marriage under the law of the place where the marriage takes place, by reason of a failure to comply with the requirements of the law of that place with respect to the form of solemnisation of marriages;

(d)             the consent of either of the parties is not a real consent because-

(i)             it was obtained by duress or fraud; or

(ii)            that party is mistaken as to identity of the other party, or as to the nature of the ceremony performed; or

(iii)           that party is mentally incapable of understand- ing the nature of the marriage contract;

(e)            either of the parties is not of marriageable age.

(2)            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.

(3)            A marriage solemnised before the commencement of this Act shall not be voidable on the grounds of consanguinity or affinity of the parties unless the parties were, at the time of the marriage, within one of the degrees of consanguinity or affinity set out in the First Schedule to this Act but nothing in this subsection shall make voidable a marriage that would not, apart from this provision, be voidable.

4.     (1)            Where two persons who are within the prohibited degrees of affinity wish to marry each other, they may apply, in writing, to a judge for permission to do so.

(2)            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.

(3)            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.

(4)            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.

(5)            In this section, "judge" means a judge in respect of whom an arrangement made under subsection (4) of this section is applicable.

(6)            Rules made under section 112 of this Act may make provision for the practice and procedure in and in connection with applications under this section, and may include provision for or in relation to the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, and the payment of expenses of witnesses.

5.     (1)            Subject to this Act, a marriage that takes place after the commencement of this Act not being a marriage that is void, shall be voidable in the following cases but not otherwise, that is to say, where at the time of marriage-

(a)             either party to the marriage is incapable of consummating the marriage;

(b)             either party to the marriage is-

(i)             of unsound mind, or

(ii)             a mental defective, or

(iii)            subject to recurrent attacks of insanity or epilepsy;

(c)             either party to the marriage is suffering from a venereal disease in a communicable form; or

(d)             the wife is pregnant by a person other than the husband.

(2)            For the purposes of this section, "mental defective" means a person who, owing to an arrested or incomplete development of mind, whether arising from inherent causes or induced by disease or injury, requires oversight, care or control for his own protection or for the protection of others and is, by reason of that fact, unfitted for the responsibilities of marriage.

(2)            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.

(a)             a deserted wife who was domiciled in Nigeria either immediately before her marriage or immediately before the desertion shall be deemed to be domiciled in Nigeria; and

(b)            a wife who is resident in Nigeria at the date of instituting proceedings under this Act and has been so resident for the period of three years immediately preceding that date shall be deemed to be domiciled in Nigeria at that date.

9.     (1)            Where it appears to a court in which a matrimonial cause has been instituted under this Act that a matrimonial cause between the parties to the marriage or purported marriage has been instituted in another court having jurisdiction under this Act, the court may in its discretion stay the matrimonial cause for such time as it thinks fit.

(2)            Where it appears to a court in which matrimonial cause has been instituted under this Act (including a matrimonial cause in relation to which subsection (1) of this section applies) that it is in the interests of justice that the matrimonial cause be dealt with in another court having jurisdiction to hear and determine that cause, the court may transfer the matrimonial cause to the other court.

(3)            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.

(4)            Where a matrimonial cause is transferred from a court in pursuance of this section-

(a)             all documents filed of record in that court shall be transmitted by the registrar or other proper officer of that court to the registrar or other proper officer of the court to which the cause is transferred; and

(b)            the court to which the cause is transferred shall proceed as if the cause had been originally instituted in that court, and as if the same proceedings had been taken in that court as had been taken in the court from which the cause was transferred, but all subsequent proceedings shall be in accordance with the practice and procedure of the court to which the cause is transferred.

11.   (1)            It shall be the duty of the court in which a matrimonial cause has been instituted to give consideration, from time to time, to the possibility of a reconciliation of the parties to the marriage (unless the proceedings are of such a nature that it would not be appropriate to do so), and if at any time it appears to the judge constituting the court, either from the nature of the case, the evidence in the proceedings or the attitude of those parties, or of either of them, or of counsel, that there is a reasonable possibility of such a reconciliation, the judge may do all or any of the following, that is to say, he may-

(a)             adjourn the proceedings to afford those parties an opportunity of becoming reconciled or to enable anything to be done in accordance with either of the next two succeeding paragraphs;

(b)            with the consent of those parties, interview them in chambers, with or without counsel, as the judge thinks proper, with a view to effecting a reconciliation;

(c)            nominate a person with experience or training in marriage conciliation, or in special circumstances, some other suitable person, to endeavour with the consent of the parties, to effect a reconciliation.

(2)            If, not less than fourteen days after an adjournment under subsection (1) of this section has taken place, either of the parties to the marriage requests that the hearing be proceeded with, the judge shall resume the hearing, or the proceedings may be dealt with by another judge, as the case may require, as soon as practicable.

15.   (1)            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.

(2)            The court hearing a petition for a decree of dissolution of a marriage shall hold the marriage to have broken down irretrievably if, but only if, the petitioner satisfies the court of one or more of the following facts-

(a)             that the respondent has wilfully and persistently refused to consummate the marriage;

(b)            that since the marriage the Respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

(c)             that since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

(d)            that the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition;

(e)            that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent does not object to a decree being granted;

(f)          that the parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition;

(g)            that the other party to the marriage has, for a period of not less than one year failed to comply with a decree or restitution of conjugal rights made under this Act;

(h)            that the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead.

(3)            For the purpose of subsection (2) (e) and (f) of this section the parties to a marriage shall be treated as living apart unless they are living with each other in the same household.

(a)             since the marriage, the respondent has committed rape, sodomy, or bestiality; or

(b)             since the marriage, the respondent has, for a period of not less than two years-

(i)             been a habitual drunkard, or

(ii)            habitually been intoxicated by reason of taking or using to excess any sedative, narcotic or stimulating drug or preparation, or has, for a part or parts of such a period, been a habitual drunkard and has, for the other part or parts of the period, habitually been so intoxicated; or

(c)             since the marriage, the respondent has within a period not exceeding five years-

(i)             suffered frequent convictions for crime in respect of which the respondent has been sentenced in the aggregate to imprisonment for not less than three years, and

(ii)             habitually left the petitioner without reason- able means of support; or

(d)            since the marriage, the respondent has been in prison for a period of not less than three years after conviction for an offence punishable by death or imprisonment for life or for a period of five years or more, and is still in prison at the date of the petition; or

(e)            since the marriage and within a period of one year immediately preceding the date of the petition, the respondent has been convicted of-

(i)             having attempted to murder or unlawfully to kill the petitioner, or

(ii)            having committed an offence involving the intentional infliction of grievous harm or grievous hurt on the petitioner or the intent to inflict grievous harm or grievous hurt on the petitioner;

(f)             or the respondent has habitually and wilfully failed, throughout the period of two years immediately preceding the date of the petition, to pay maintenance for the petitioner-

(i)             ordered to be paid under an order of, or an order registered in, a court in the Federation, or

(ii)             agreed to be paid under an agreement between the parties to the marriage providing for their separation; or

(g)             the respondent-

(i)             is, at the date of the petition, of unsound mind and unlikely to recover, and

(ii)            since the marriage and within the period of six ears immediately preceding the date of the petition, as been confined for a period of, or for periods aggregating, not less than five years in an institution where persons may be confined for unsoundness of mind in accordance with law, or in more than one such institution.

(2)            Where a petition is based on the fact mentioned in section 15(2)(h) of this Act-

(a)             proof that, for a period of seven years immediately preceding the date of the petition, the other party to the marriage was continually absent from the petitioner and that the petitioner has no reason to believe that the other party was alive at any time within that period is sufficient to establish the fact in question, unless it is shown that the other party to the marriage was alive at a time within that period; and

(b)             a decree made pursuant to the petition shall be in the form of a decree of dissolution of marriage by reason of presumption of death.

17.   (1)           Where the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be  expected to live with him but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the petitioner and held by the court to support his allegation, that fact shall be disregarded in determining for the purposes of section 15(2)(c) of this Act whether the petitioner cannot reasonably be expected to live with the respondent if the length of that period or of those periods together was six months or less.