MATRIMONIAL CAUSES ACT - 1971 (ACT 367)

    Section - 41 - Application of this Act.

    (1) This Act shall apply to all monogamous marriages.

    (2) On application by a party to a marriage other than a monogamous marriage, the court shall apply the provisions of this Act to that marriage, and in so doing, subject to the requirements of justice, equity and good conscience, the Court may-

    (a) have regard to the peculiar incidents of that marriage in determining appropriate relief, financial provision and child custody arrangements;

    (b) grant any form of relief recognised by the personal law of the parties to the proceedings, either in addition to or in substitution for the matrimonial reliefs afforded by this Act.

    (3) In the application of section 2 (1) of this Act to a marriage other than a monogamous marriage, the court shall have regard to any facts recognised by the personal law of the parties as sufficient to justify a divorce, including in the case of a customary law marriage (but without prejudice to the foregoing) the following-

    (a) wilful neglect to maintain a wife or child;

    (b) impotence;

    (c) barrenness or sterility;

    (d) intercourse prohibited under that personal law on account of consanguinity, affinity or other relationship;

    (e) persistent false allegations of infidelity by one spouse against another:

    Provided that this subsection shall have effect subject to the requirements of justice, equity and good conscience.

    (4) In the application of this Act to any marriage under customary law, the words "child of the household" shall be construed as including any child recognised under customary law as a child of the parties.